Provisions of Cr.P.C Relating to the Persons of Unsound Mind

Introduction:

The person is said to be unsound mind when he is not capable to understand things. Unsoundness may arise from idiocy, lunacy, drunkenness, mental decay etc. Section 84 of IPC states that “nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.”

In simple words, an act done by an unsound mind will not be considered as an offence and it falls under the category of General Exception. The caring approach towards the persons of unsound mind is maintained.

Provisions as to accused person of unsound mind are given under Cr.P.C Chapter 35 Section 328 to 339. These provisions are of the best interest of the unsound mind persons.

Provisions as to accused person of unsound mind:

Section 328: Procedure in case of accused being lunatic

1. During the Inquiry, if the magistrate is of opinion that the person against whom the inquiry is conducted is not capable to defend himself or is of unsound mind then the Magistrate shall ensure the same by getting the person examined by medical practitioner.
2. If the person cannot give his defence then the magistrate shall hear the prosecution and examine the records.
3. On the basis of medical evidence the Magistrate shall postpone the proceeding for temporary period until the person’s unsoundness is treated.

Section 329: Procedure in case of person of unsound mind tried before court

1. During trial, if the magistrate satisfies that the person whose trial is taking place is of unsound mind and not capable to defend himself, the magistrate ensures the same by getting the person examined by a medical practitioner.
2. If the person cannot give his defence then the magistrate shall hear the prosecution and examine the records.
3. On the basis of medical evidence the magistrate shall record such finding and shall postpone the hearing.
4. The fact of unsoundness of mind during trial shall be considered as part of the trial.

Section 330: Release of lunatic pending investigation and trial

1. If the person is found unsound or incapable do defend himself during inquiry and trial (Section 328 and 329) whether the offence is bailable or non bailable.
2. In simple terms, if the offence is non bailable in nature then also the magistrate shall grant the bail.
3. On the other hand, if the bail cannot be granted it shall order the accused to be kept in place where he can get a treatment.

Section 331: Resumption of Inquiry and trial:

When the inquiry and trial are postponed or suspended the magistrate shall call the person after the soundness of mind or ceases of unsound mind and resume such inquiry and trial.

Section 332: Procedure on accused appearing before magistrate of court:

1. Accused present before the magistrate and the court is of opinion that the accused is able to put his defence, the inquiry and trial shall proceed further.
2. If the person is still not able to be recover his condition then again the provision of Section 330 will apply.

Section 333: when accused appears to have been sound mind

1. When the magistrate has reason to believe that the person is sound mind.
2. There is also evidence that acts done by the accused and when the act was done by the accused and when the act done is of sound mind. Then the magistrate shall proceed with the case.

Section 334: A judgment of acquittal on the ground of unsoundness of mind

According to this section when the person is acquitted on the ground of unsoundness of mind and he is not able to identify the nature of the Act, but here such findings shall mention whether the act was done by accused or not.

Section 335: Person acquitted should be detained in safe custody

Sub-section 1 of this section states that on the ground of unsoundness of mind, the person is acquitted by magistrate,

1. Should be detained in the safe custody.
2. Should be delivered to the relative or friend.

In delivery of the accused person to the relative or friend, the court can handover the accused only if such application is made by the relative or friend to the magistrate but such friend or relative ensure the court about security.

Duties of relative or friend

1. He should take proper care of that person.
2. Whenever necessary, the relative or friend should present that person for inspection as the state Government directs.

Section 336: Power to empower officer on charge to discharge

State Government shall empower the officer-in-charge of the jail where a person has been lodged under section 330 to discharge all the functions.

Section 337: Procedure when Lunatic person is capable of defending himself

When it is to be found that the lunatic person is now can able to defend himself then the magistrate shall proceed with section 332.

Section 338: Procedure followed when a lunatic person is declared fit to be released

If a person is detained on the ground of unsoundness according to section 330 and the authorized person or inspector general certifies that the person to be

1. Released
2. Detained in custody
3. Transferred to public lunatic asylum

In these cases, there should be no harm of doing so then only the Govt may grant release of such person.

Commission is to be constituted in case the person is transferred to public lunatic, such commission is required to make formal inquiry of the soundness of that person and accordingly make report and have to send it to the State Government.

Section 339: Delivery of lunatic to his relative or friend

Under this section, If the relative or friend of person wants that, the person should be released to him then such relative or friend is required to make application to make an application to the State Government for such release of person.

The State Government will accept such application or allow the request only if that person delivered.

1. Properly taken care without injuring himself or any other
2. Produced for inspection whenever necessary
3. Produced before magistrate whenever necessary.

When accused is able to defend himself then such relative or friend be called to produce the accused and a certificate of inspection shall be kept as evidence.

Case Law

1. Jai Shankar v. State of Himachal Pradesh

It is held by the court that if the person is of unsound mind after the evidence produced by the Medical Practitioner. It is the duty of the magistrate to ensure that such person is of unsound mind and cannot defend himself on his own.

It was further held that- when a person is unable to defend himself then the magistrate shall hear prosecution and make record of that accordingly.

The magistrate has power to postpone the trial or inquiry if it prima facie found that the person is of unsound mind. When it is informed to the magistrate that he is of unsound mind the inquiry is to be done whether he can give defence.

2. State of Maharashtra v Sind

It was held under the case that since the accused fully knew the nature of criminal acts he had committed and the proceedings against him, it could not be said that he was incapable of making his defence. The expert has been called to ensure the unsoundness of mind. The High Court meticulously Considered their evidence and thereafter recorded its own findings on the crucial issues.

3. V. Shivyaswami v state

It was held by the court that the inquiry will be done only when the magistrate is satisfied with the fact that the accused is of unsound mind or insane. On the other hand if there is no possibility of unsoundness such inquiry will not take place. In case of doubt, it is necessary to conduct an inquiry.

Conclusion:

It can be concluded that such provisions are with the better interest of the persons who are of unsound mind and is not capable to defend himself. On the basis of medical evidence given by the medical practitioner magistrate is empowered to decide whether such person is of sound mind or not. The Magistrate can postpone the trial or proceedings during the period of his unsoundness.

After recovery of his health or when he will capable to defend himself the court will start the proceedings as a sound mind of that person. Such person is to be kept under security or in safe custody In case of unsoundness of mind, the relative or friend of that person may apply to the magistrate for release. We can see here the caring approach of the court towards the unsound people. There is necessary of such provisions to ensure proper justice.

This article has been written by Snehal Tanaji Shirke, 3rd Year LL.B course at Late Parvatibai Jondhale Women’s Law College, S.N.D.T. Univesity, Mumbai.

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