Procedure on accused appearing before Magistrate or Court
Section 332 of the Code of Criminal Procedure, 1973 deals with procedure on accused appearing before Magistrate or Court. If, when the accused appears or is again brought before the Magistrate or Court, as the case may be, the Magistrate or Court considers him capable of making his defence, the inquiry or trial shall proceed. 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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) If, when the accused appears or is again brought before the Magistrate or Court, as the case may be, the Magistrate or Court considers him capable of making his defence, the inquiry or trial shall proceed.
(2) If the Magistrate or Court considers the accused to be still in capable of making his defence, the Magistrate or Court shall act accordIng to the provisions of section 328 or section 329, as the case may be, and if the accused is, found to be of unsound mind and consequently incapable of, making his defence, shall deal with such accused in accordance with the provisions of section 330.
Section 332, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 371 Procedure on accused appearing before Magistrate or Court Text carried over almost unchanged 98%
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 The repealed enactment still governs what happened while it was in force.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
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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Pratheesh. R. Thankachan vs State of Kerala
Court's Decision & Legal Precedent
In cases involving commercial quantity of narcotic drugs under the NDPS Act, where the accused has serious criminal antecedents including multiple murder charges, prima facie evidence of involvement through confessions of co-accused and electronic communications, and poses a demonstrable risk of witness intimidation, bail should be denied despite the duration of custody, as the rigorous provisions of Section 37 of the NDPS Act and the gravity of the charges outweigh the right to bail.
On this section: Acquittal provision; the petitioner was acquitted in 2 cases under this section, noted in the order
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Binod Kumar vs State of Bihar
Court's Decision & Legal Precedent
While bail may be denied in serious criminal cases like abduction, the court system has a constitutional obligation to ensure speedy trial for accused persons in custody. The trial judge must take active measures to expedite proceedings, including ensuring daily production of witnesses and maintaining effective coordination with investigating agencies, to uphold the prisoner's fundamental right to speedy justice.
On this section: Section 332 Cr.P.C. pertains to commitment of cases from Magistrate to Sessions Court. The court noted that the case was committed under this section from the Magistrate to the Additional Sessions Judge, and the trial judge should account for the procedural history.
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 332
What have the courts held on Section 332 of the Code of Criminal Procedure?
Pratheesh. R. Thankachan vs State of Kerala (09 Oct 2023) is the leading judgment on this section among those set out below: Acquittal provision; the petitioner was acquitted in 2 cases under this section, noted in the order. Another 1 judgment on this section is set out below. They run from 2009 to 2023.
How do I find court cases under Section 332 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 332, section 332 CRPC, section 332 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 Pratheesh. R. Thankachan vs State of Kerala (09 Oct 2023).
What should I read with Section 332 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. 2 other provisions in this corpus refer back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 371 (Procedure on accused appearing before Magistrate or Court), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 332 of the Code of Criminal Procedure come into force?
Section 332 of the Code of Criminal Procedure, cited as CRPC 332, 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.