Sanhita.ai

Code of Criminal Procedure

(CRPC)

[ Release of person of unsound mind pending investigation or trial. [[Substituted by the Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009), Section 27, for Section 330. Prior to its substitution, Section 330 read as under :-[ 330. Release of lunatic pending investigation or trial. - (1) Whenever a person is found, under Section 328 or Section 329, to be of unsoung mind and incapale of making is defence, the Magistrate or Court, as the case mat be, whether the case is one in which bail may be taken or not, may release him on sufficient security being given that the 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 appointsin this behalf.

Chapter 25: Provisions As To Accused Persons Of Unsound Mind

Section: 330

(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 lunatice asylum shallbe made otherwise than in accordance with such rules the State Government may be have made under the Indian Lunacy Act, 1912 (4 of 1912) .]]- 1. Whenever a person if found, under section 328 or Section 329, to be incapable of entering defence by reason of unsoundness of mind or mental retardation, the Magistrate or Court, as the case may be shall, whether the case is one in which bail may be taken or not, order release of such person on bail:Provided that the accused is suffering from unsoundness of mind or mental retardation which does not mandate in-patient treatment and a friend or relative undertakes to obtain regular out-patient psychiatric treatment from the nearest medical facility and to prevent from doing injury to himself or to any other person.

(2) If the case is one in which, in the opinion of the Magistrate or Court, as the case may be, bail cannot be granted or if an appropriate undertaking is not given, he or it shall order the accused to be kept in such a place where regular psychiatric treatment can be provided, 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 Mental Health Act, 1987 (14 of 1987) .

(3) Whenever a person is found under Section 328 or Section 329 to be incapable of entering defence by reason of unsoundness of mind or mental retardation, the Magistrate or Court, as the case may be, shall keeping in view the nature of the act committed and the extent of unsoundness of mind or mental retardation, further determine if the release of the accused can be ordered:Provided that-

(a) if on the basis of medical opinion or opinion of a specialist, the Magistrate or Court, as the case may be, decide to order discharge of the accused, as provided under Section 328 or Section 329, such release may be ordered, if sufficient security is given that the accused shall be prevented from doing injury to himself or to any other person;

(b) if the Magistrate or Court, as the case may be, is of opinion that discharge of the accused cannot be ordered, the transfer of the accused to a residential facility for persons of unsound mind or mental retardation may be ordered wherein the accused may be provided care and appropriate education and training.]

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