CrPC Section 330
Section 330 of the Criminal Procedure Code (CrPC) of India pertains to the treatment and custody of a person found to be of unsound mind during a trial.
⚖️ CrPC Section 330 – Release of person of unsound mind pending investigation or trial
This section is part of the broader framework in the CrPC that deals with accused persons who are of unsound mind and therefore incapable of making their defense.
🔍 Key Provisions of Section 330 CrPC:
Application:
Applies when a person is found to be of unsound mind during an inquiry or trial under Chapter XXV (Sections 328 to 339).
Power of the Magistrate or Court:
The Magistrate or Court can order the release of the person on bail, if:
The unsoundness of mind or mental retardation does not require in-patient treatment.
A friend or relative gives an undertaking to ensure proper treatment and prevent the accused from injuring themselves or others.
If Bail Is Not Appropriate:
If bail cannot be granted, the Court may order the accused to be kept in a mental health facility or other suitable place for treatment.
Reporting and Oversight:
Regular updates and reports are required from the treating medical officer.
The case must be periodically reviewed to decide whether the trial can proceed.
📘 Legal Context:
This section ensures that people who are mentally unfit are not subjected to unfair trials, and at the same time, protects public safety.
It balances the rights of the accused with concerns for justice and mental health care.
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