Resumption of inquiry or trial
Section 331 of the Code of Criminal Procedure, 1973 deals with resumption of inquiry or trial. Whenever an inquiry or a trial is postponed under section 328 or section 329, the Magistrate or Court, as the case may be, may at any time after the person concerned has ceased to be of unsound mind, resume the inquiry or trial, and require the accused to appear or be brought before such Magistrate 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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 an inquiry or a trial is postponed under section 328 or section 329, the Magistrate or Court, as the case may be, may at any time after the person concerned has ceased to be of unsound mind, resume the inquiry or trial, and require the accused to appear or be brought before such Magistrate or Court.
(2) When the accused has been released under section 330, and the sureties for his appearance produce him to the officer whom the Magis- trate or Court appoints in this behalf, the certificate of such officer that the accused is capable of making his defence shall be receivable in evidence.
Section 331, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 370 Resumption of inquiry or trial Text carried over almost unchanged 95%
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 The repealed enactment still governs what happened while it was in force.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.
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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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: Resumption of inquiry or trial - Governs how trial should be resumed after accused ceases to be of unsound mind; requires de novo commencement
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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: Referenced as part of provisions applicable to mentally ill persons in criminal procedure
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 331
What have the courts held on Section 331 of the Code of Criminal Procedure?
Hamid @ Kaliya vs State (19 Oct 2006) is the leading judgment on this section among those set out below: Resumption of inquiry or trial - Governs how trial should be resumed after accused ceases to be of unsound mind; requires de novo commencement. Another 1 judgment on this section is set out below. They run from 2006 to 2016.
How do I find court cases under Section 331 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 331, section 331 CRPC, section 331 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. 2 reported judgments on this section are set out on this page, beginning with Hamid @ Kaliya vs State (19 Oct 2006).
What should I read with Section 331 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), section 330 (Release of lunatic pending investingaion or trial), so none of them can safely be read on its own. For anything done on or after 1 July 2024 the provision to read is BNSS 370 (Resumption of inquiry or trial), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 331 of the Code of Criminal Procedure come into force?
Section 331 of the Code of Criminal Procedure, cited as CRPC 331, 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.