CrPC Section 345
CrPC Section 345: Procedure when accused is unable to make defence
Text of Section 345 (in essence):
This section deals with situations where the accused, at the time of trial, is unable to make their defence due to unsoundness of mind or other incapacity.
Key Points of Section 345 CrPC
Purpose:
Section 345 ensures that a person who is mentally incapable of defending themselves is not tried unfairly. The law recognizes that if the accused cannot understand the proceedings or communicate effectively, a fair trial cannot take place.
Trigger:
This section is applied when:
The accused is present before the court.
The accused is unable to make a proper defence.
The incapacity is apparent to the court (e.g., the accused is of unsound mind or otherwise incapable).
Court’s Duty:
The court must direct a medical examination of the accused.
The purpose is to determine whether the accused is mentally fit to stand trial.
Procedure:
If the accused is found incapable of defending themselves due to mental illness or unsoundness of mind, the court cannot proceed with the trial in the normal way.
The court may adjourn the trial until the accused becomes capable.
In some cases, the court may order the accused to be detained in a mental health institution for treatment.
Protection of Rights:
The section safeguards the rights of the accused.
It ensures that a person is not punished for a crime if they cannot understand or participate in their trial.
Illustration / Example
Suppose a person is accused of theft but, during trial, shows signs of severe mental illness and cannot answer questions or instruct their lawyer.
The court, observing this, can stop the trial temporarily and order a psychiatric assessment.
If the assessment confirms the accused cannot make a defence, the court will delay the trial or send the accused for treatment until they are capable.
Key Takeaways
Section 345 ensures fairness and justice in criminal trials.
Protects mentally ill or incapable accused from being unjustly tried.
Requires medical assessment before proceeding with the trial.
Balances society’s interest in justice with protection of individual rights.
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