Person acquitted on such ground to be detained in safe custody
Section 335 of the Code of Criminal Procedure, 1973 deals with person acquitted on such ground to be detained in safe custody. Whenever the finding states that the accused person com- mitted the act alleged, the Magistrate or Court before whom or which the trial has been held, shall, if such act would, but for the incapacity found, have constituted an offence,- (a) order such person to be detained in safe custody in such pl 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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 the finding states that the accused person com- mitted the act alleged, the Magistrate or Court before whom or which the trial has been held, shall, if such act would, but for the incapacity found, have constituted an offence,-
(a) order such person to be detained in safe custody in such place and manner as the Magistrate or Court thinks fit; or
(b) order such person to be delivered to any relative or friend of such person.
(2) No order for the detention of the accused in a lunatic asylum shall be made under clause (a) of sub-section (1) otherwise than in accordance with such rules as the State Government may have made under the Indian Lunacy Act, 1912 (4 of 1912).
(3) No order for the delivery of the accused to a relative or friend shall be made under clause (b) of sub-section (1), except upon the application of such relative or friend and on his giving security to the satisfaction of the Magistrate or Court that the person delivered shall-
(a) be properly taken care of and prevented from doing injury to himself or to any other person;
(b) be produced for the inspection of such officer, and at such times and places, as the State Government may direct.
(4) The Magistrate or Court shall report to the State Government the action taken under sub-section (1).
Section 335, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 374 Person acquitted on ground of unsoundness of mind to be detained in safe custody Text carried over almost unchanged 86%
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 The repealed enactment still governs what happened while it was in force.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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Pushparajan @ Pushpan vs State of Kerala
Court's Decision & Legal Precedent
When an accused is acquitted on grounds of insanity under Section 84 I.P.C., the Sessions Court must comply with Section 335 Cr.P.C. by: (1) Directing detention in safe custody in a mental health centre subject to a relative or friend making an application and volunteering security; (2) Reporting to the Government the action taken under Section 335(1) Cr.P.C.; and (3) Providing a clear pathway for release to a relative or friend willing to offer security under Section 335(3) Cr.P.C. Failure to comply with these procedural requirements renders the detention order defective and subject to quashing by the High Court under Section 482 Cr.P.C.
On this section: Critical provision for detention of acquitted persons on grounds of insanity. The court held that Section 335(3) requires that custody be handed over to a relative or friend willing to offer security, and Section 335(1) requires the Sessions Judge to report to Government. The original judgment failed to comply with these requirements.
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C. G. Electricity Power Distribution Company LTD vs Basant Singh
Court's Decision & Legal Precedent
When an accused person repeatedly fails to appear before the court despite multiple summons issued through various methods over an extended period, and there is evidence suggesting the accused has knowledge of the proceedings but is deliberately absenting himself, the court may declare the accused a fugitive under Section 299 Cr.P.C. and Section 335 Cr.P.C., thereby authorizing the issuance of a permanent warrant for arrest.
On this section: Procedural provision cited in conjunction with Section 299 to formalize the fugitive status and authorize issuance of permanent warrant
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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… However, invoking Section 84 of IPC, the petitioner was acquitted. That means, the Sessions Court accepted the plea of the petitioner that he was of unsound mind at the time of committing the offence. The Sessions Court, however, ordered release of the petitioner on him executing a bond under Section 335 of the Code of Criminal Procedure, 1973. The finding of the Sessions Court that the petitioner committed the offences under Sections 353 and 324 IPC was challenged by the petitioner before this Court in Crl.M.C No.174 of 2004. This Court, after noting the purport of Section 84 of IPC, vacated the said …
Questions about Section 335
What have the courts held on Section 335 of the Code of Criminal Procedure?
Pushparajan @ Pushpan vs State of Kerala (07 Apr 2008) is the leading judgment on this section among those set out below: Critical provision for detention of acquitted persons on grounds of insanity. The court held that Section 335(3) requires that custody be handed over to a relative or friend willing to offer security, and Section 335(1) requires the Sessions Judge to report to Government. The original judgment failed to comply with these requirements. Another 1 judgment on this section is set out below. They run from 2008 to 2026.
How do I find court cases under Section 335 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 335, section 335 CRPC, section 335 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 Pushparajan @ Pushpan vs State of Kerala (07 Apr 2008).
What should I read with Section 335 of the Code of Criminal Procedure, and has it changed?
3 other provisions in this corpus refer back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 374 (Person acquitted on ground of unsoundness of mind to be detained in safe custody), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 335 of the Code of Criminal Procedure come into force?
Section 335 of the Code of Criminal Procedure, cited as CRPC 335, 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.