This article is written by Shobhit Chakravarty, a student of KLE Law College, Navi Mumbai. The article explains the criminal proceeding related to the person of unsound mind under The Code of Criminal Procedure, 1973.

Introduction

The Code of Criminal Procedure was made to ease the process of delivering justice. No person should be illegally arrested and detained the procedure to prove someone guilty should be fair these are the things CrPC deals with.

 Section 84 of the Indian Penal Code states that  “It won’t be considered an offense if the offense is done by a person who while committing was incapable to understand his actions, was of unsound mind, the act he did was contrary to law”. So if any person of Unsound mind commits any act the act will not be considered an offense and his act will fall under “General Exceptions”.

Eleven provisions in CrPC in Chapter XXV Section 328-339 for people of unsound minds accused of the crime. The articles are further explained for better understanding.

Section 328 – Procedure in case of the accused being a lunatic

Article 338 states that it is at the discretion of the judge whether he believes that the person is a lunatic or not after following the guidelines set up for testing that. The magistrate has to guarantee that the accused is not a lunatic and for that, the magistrate has to make sure that he has been examined by the civil surgeon and on his report by the head of the psychiatry unit.

Mohan Lal @ Ranjan Mohan Bhatnagar vs The State (Nct Of Delhi) (2011), is a great reference to understand this concept the contention was that the evidence presented in the court showed that various doctors had examined the appellant before the trial started. The Magistrate in proceedings under Section 328 CrPC found the man to be of unsound mind, and Magistrate passed an order too in this regard and the trial was started only when the accused was pronounced mentally fit by the respective authorities.

Section 329– Procedure where a person of unsound mind is tried before the court

The Magistrate under the section believes that the person who is at trial is of unsound mind and is not capable of making his defense the Magistrate will make sure that the accused will be evaluated by a medical professional. After listening to the prosecution the Magistrate will examine the records and the hearing will be kept according to that. Insanity will be kept in consideration for the whole proceedings.

Section 330- Release of the person of unsound mind pending investigation or trial

According to Section 330 of the Code of Criminal Procedure, If the accused is found to be of unsound mind or is incapable to make his defense during the trial then regardless of whether the offense is bailable or not, the Court may release him i.e the Magistrate can grant bail even if the offense is non-bailable. If bail is not given the Magistrate has to make sure that the accused of unsound mind is kept in that location where he can get treatment.

In the case of Kanhaiya v. State of U.P. (2018), the Judge of the Sessions Court by Section 330 of the Code of Criminal Procedure sent the applicant to the Mental Hospital, Varanasi for evaluation and after getting confirmation from the head doctor that the applicant is of unsound mind the Magistrate rejected the bail plea under section 330 and rather sent him under custody warrant to Mental Hospital, Varanasi.

Section 331- resumption of inquiry or trial

Section 331 states that when the inquiry or trial gets postponed under section 328 or 329 of the code the Magistrate when thinks the person has ceased out of unsound mind may resume the trial.

According to Section 331 of the Act, when the inquiry and trial are postponed or suspended, the magistrate shall summon the person after he or she regains mental soundness or ceases to be insane and resume the inquiry and trial.

 Subhash Bhardwaj v. State (2016), the Court decided that the trial will be scheduled after the trial court gets the required IHBAS report and then completes its investigation under Section 331 CrPC.

Section 332-Procedure on accused appearing before Magistrate or Court.

The section states that when the accused is brought again before the Magistrate it is upon the consideration of the Magistrate, if he found the accused not capable of making his decisions then such situation will be under the provisions stated by section 330 of the code otherwise if the Magistrate finds his capable of making his own decisions than the trial will be under the provisions stated under section 328 or 329 of the code.

 Geeg (2008), in this case, the Magistrate found the accused capable of making his own decisions and the trial moved accordingly.

Section 333. When accused appears to have been of sound mind.—

If the Magistrate finds the accused to be of sound mind and has reason to believe the act accused committed was when he was of unsound mind then the trial will have this thing in consideration then the trial will proceed accordingly.

Dimple @ Dimpu @ Gurcharan v. State of Punjab (2008), the Magistrate stated that the petitioner was suffering from a form of insanity at the time of the commission of the offense which made him incapable of knowing the nature and quality of his act when he committed the same, so in these situation Section, 333 comes into play.

334. Judgment of acquittal on the ground of unsoundness of mind

The Section states that whenever any person gets acquainted upon the ground that when the act was committed the person was of unsound mind and incapable of knowing the nature of the crime so the finding shall state specifically that he committed the act or not.

 Abdul Latif v. The State of Assam (1981), the Court concluded that the accused was not in a condition to know that he was doing something that was either illegal or against the law at the critical moment. As a result, the court overturned the convictions and punishments, accepted the plea of insanity, and found the appellant not guilty.

Section 335- person acquitted on such ground to be detained in safe custody

Section 335 states that if a person acquires by the court on the grounds of insanity, then the person should be returned to the custody of his family members or his friends. For doing so, the family member or the friend must apply to the court.

Responsibilities of a relative or friend

• Proper care must be ensured by the family member or friend.
• Regular inspection is needed for the person so bringing the person of unsound mind for regular checkups is the responsibility of the family.

 Niman Sha v. State of M.P. (1995), the Court decided, based on the heinous crime the accused had committed and his mental state, as well as the risks to society, that the accused be imprisoned at the mentioned Institute of Mental Health in Gwalior until he regains normalcy after receiving medical treatment.

The court stated that the accused had committed a heinous crime

Section 336- the power of state government to empower the officer in charge to discharge

Section 336 of the Act states that the State Government may authorize all or some of the functions of the Inspector-General of Prisons under Section 337 or Section 338 to the person in charge of the jail in which the person of unsound mind is imprisoned under the provisions of section 330 or section 335.

In Motiram Maroti Dhule v. State of Maharashtra (2002) case, the Court stated that a copy of the judgment shall also be sent to the Inspector General of Prison who is having the authority in terms of Section 336 to perform the functions under Sections 337 and 338 of Criminal Procedure Code for necessary action in the matter.

Section 337- a procedure where the lunatic prisoner is reported capable of making his defense

According to Section 337 of the Code of Criminal Procedure, the magistrate shall proceed with Section 332 if it gets determined that the person of unsound mind is now capable of defending himself. 

Emperor v. Motilal Hiralal (1921) is the case where the Court continued the trial as the accused of unsound mind was capable of defending himself.

Section 338- a procedure where a lunatic detained is declared fit to be released

According to Section 338 of the Code of Criminal Procedure, if a person is detained under Section 330 on the charges of insanity and the authorized person certifies that the person is fit to be released or to be transferred to a public mental institution then there should be no harm in doing so and the authorities may then release the individual.

In the caseMotiram Maroti Dhule v. State of Maharashtra (2002), the Court ordered that the petitioner should be kept in safe custody for the present in Amravati Jail till the State Government takes action in the matter. The State Government will decide where the appellant will be kept pending action under Sections 338 or 339 of the act as the case may require.

Section 339- Delivery of lunatic to the care of relative or friend

According to Section 339 of the Code of Criminal Procedure, if a person’s relative or friend expresses the desire for the person to be released to them, the relative or friend then has to the State Government for such a release.

For granting permission for such a request the person has to abide by certain conditions

• Properly care must be ensured without causing harm
• Whenever the court requires the person should be made present
• The person should be produced before the authorities for inspection

When the accused becomes sufficient enough to defend himself, the accused’s family is summoned, and a certificate of inspection is kept as evidence.

In the case of Geeg (2008), the Court stated that as per Sections 338(1) and 339(1), CrPC, the State Government should make appropriate directions to hand over the appellant to any of his relatives or friends when he becomes fit.

Conclusion

It can be concluded that there are many provisions that are there to protect the interests of the person of unsound mind. It can be said that the magistrate is given extensive powers to postpone the trial or procedures for a person of unsound mind during the trial.

The court shall consider the recovered person as a person of sound mind. A relative or friend of that person of unsound mind may file a petition to the magistrate for his relief. The powers given to the court for protecting the lunatic person are extensive and help the judiciary to become more effective and accessible.