CrPC Section 328
Section 328 of the Criminal Procedure Code (CrPC), 1973 (India) deals with the procedure when the accused is of unsound mind and cannot make a defence.
⚖️ CrPC Section 328 – Procedure in case of accused being lunatic (unsound mind)
Summary:
If, during an inquiry or trial, a Magistrate has reason to believe that the accused is of unsound mind and incapable of making a defence, the Magistrate must:
Conduct an Inquiry:
The Magistrate shall inquire into the fact of such unsoundness.
May have the accused examined by a medical officer (typically a civil surgeon or psychiatrist).
Medical Examination:
If the medical officer confirms unsoundness of mind, the Magistrate refers the case to a psychiatrist or clinical psychologist for care, treatment, and report.
If the psychiatrist/psychologist confirms the accused is incapable of defence, the Magistrate shall record a finding to that effect.
Proceedings Post-Finding:
Proceedings are postponed.
The accused may be released on bail (under certain conditions), or if not, kept in safe custody.
🧠 Key Points:
The section is meant to protect the rights of persons with mental illness and ensure a fair trial.
The procedure ensures the accused is mentally fit to understand the proceedings and participate in their defence.
If the accused recovers mental fitness, the trial can resume.
📜 Text (Simplified):
Here’s a simplified version of the section:
If a Magistrate believes the accused is of unsound mind and cannot make a proper defence, they must have the accused examined by a medical professional. If confirmed, proceedings are postponed, and the accused may be treated, and possibly released under care. If and when they recover, the trial can resume.
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