Release of lunatic pending investingaion or trial
Section 330 of the Code of Criminal Procedure, 1973 deals with release of lunatic pending investingaion or trial. Whenever a person is found, under section 328 or section 329, to be of unsound mind and incapable of making his defence, the Magistrate or Court, as the case may be, whether the case is one in which bail may be taken or not, may release him on sufficient security being given that he shall be properl The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
(1) Whenever a person is found, under section 328 or section 329, to be of unsound mind and incapable of making his defence, the Magistrate or Court, as the case may be, whether the case is one in which bail may be taken or not, may release him on sufficient security being given that he shall be properly taken care of and shall be prevented from doing injury to himself or to any other person, and for his appearance when required before the Magistrate or Court or such officer as the Magistrate or Court appoints in this behalf.
(2) If the case is one in which, in the opinion of the Magistrate or Court, bail should not be taken, or if sufficient security is not given, the Magistrate or Court, as the case may be, shall order the accused to be detained in safe custody in such place and manner as he or it may think fit, and shall report the action taken to the State Government :
Provided that no order for the detention of the accused in a lunatic asylum shall be made otherwise than in accordance with such rules as the State Government may have made under the Indian Lunacy Act, 1912 (4 of 1912).
Section 330, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 369 Release of person of unsound mind pending investigation or trial Distant match 54%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Referred to by 7
- s. 328 Procedure in case of accused being lunatic
- s. 331 Resumption of inquiry or trial
- s. 332 Procedure on accused appearing before Magistrate or Court
- s. 336 Power of State Government to empower officer in charge to discharge
- s. 337 Procedure where lunatic prisoner is reported capable of making hisdefence
- s. 338 Procedure where lunatic detained is declared fit to be released
- s. 339 Delivery of lunatic to care of relative or friend
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Prakash Nayi @ Sen vs The State of Goa Home Department Secretary
Court's Decision & Legal Precedent
When an accused raises a plea of insanity under Section 84 of the Indian Penal Code, the test to be applied is legal insanity, not medical insanity. Legal insanity requires incapacity to know the nature of the act or that it is wrong or contrary to law. The burden on the accused is to establish this on preponderance of probabilities, not beyond reasonable doubt. The crucial point of time is the moment of commission of the offense. Evidence of conduct before, during, and after the offense, combined with medical evidence of mental disorder, is relevant in determining legal insanity. If credible medical evidence establishes mental disorder at the time of the offense, and the accused subsequently becomes fit to stand trial, this is indicative of prior insanity. The trial court and appellate court must apply a preponderance of probabilities standard and not reject the insanity defense merely because the nature of the act appears intentional or because some witnesses did not observe abnormality.
On this section: Power to discharge person of unsound mind. The Court noted that courts can discharge such persons if their inability to stand trial continues with rigid chance of improvement.
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Pinku Singh vs The State of Bihar
Court's Decision & Legal Precedent
An accused charged with serious offences including murder may be granted bail under Section 330 Cr.P.C. when the accused is suffering from mental illness rendering him unfit to stand trial, provided that: (1) the accused has been in prolonged judicial custody without trial progress due to mental unfitness; (2) the trial court has assessed and confirmed the mental unfitness; (3) appropriate conditions are imposed including family undertakings for medical treatment, regular progress reports, and undertaking to produce the accused upon recovery for trial continuation; and (4) the bail conditions are designed to ensure both the accused's rehabilitation and eventual trial fairness.
On this section: Primary statutory basis for granting bail to mentally ill accused; court applied this section to release petitioner on bail with conditions
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State vs Gani Mohd.
Court's Decision & Legal Precedent
A conviction pronounced against an accused who cannot understand the proceedings, without explaining to the accused the incriminating circumstances appearing against him and without giving him a chance of defence, and without a conclusive finding about the accused's mental state regarding understanding of proceedings, is void ab initio. Before proceeding with trial against such an accused, the trial court must make necessary enquiries and reach a definite conclusion about whether the accused can be made to understand the proceedings. The legislative intent of Section 318 CrPC is that conviction can be recorded only when the requirements of Chapters XVII to XXI of the Criminal Procedure Code have been complied with.
On this section: Provision for release of accused pending examination by medical officer. Court noted this safeguard was not applied.
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Hamid @ Kaliya vs State
Court's Decision & Legal Precedent
When a trial is postponed under Section 329 CrPC on the ground of incapacity of the accused to make his defence due to unsound mind, and is subsequently resumed under Section 331 CrPC, the trial must commence de novo and not continue from the point of postponement. Furthermore, resumption of such trial without recording medical evidence establishing that the accused has ceased to be of unsound mind and is now capable of making his defence will vitiate the entire trial. Additionally, the mental unsoundness of one co-accused during trial, which affects the recording of evidence and the entire complexion of the case, will vitiate the trial of other co-accused as well.
On this section: Release of person of unsound mind - High Court granted Hamid @ Kaliya liberty to approach trial judge under this section for release pending fitness assessment
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 330
What have the courts held on Section 330 of the Code of Criminal Procedure?
Prakash Nayi @ Sen vs The State of Goa Home Department Secretary (12 Jan 2023) is the leading judgment on this section among those set out below: Power to discharge person of unsound mind. The Court noted that courts can discharge such persons if their inability to stand trial continues with rigid chance of improvement. Another 3 judgments on this section are set out below, 1 of them from the Supreme Court. They run from 2006 to 2023.
How do I find court cases under Section 330 of the Code of Criminal Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CRPC 330, section 330 CRPC, section 330 of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 4 reported judgments on this section are set out on this page, beginning with Prakash Nayi @ Sen vs The State of Goa Home Department Secretary (12 Jan 2023).
What should I read with Section 330 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 328 (Procedure in case of accused being lunatic), section 329 (Procedure in case of person of unsound mind tried before Court), so none of them can safely be read on its own. 7 other provisions in this corpus refer back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 369 (Release of person of unsound mind pending investigation or trial), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 330 of the Code of Criminal Procedure come into force?
Section 330 of the Code of Criminal Procedure, cited as CRPC 330, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.