CrPC 330→BNSS 369

CrPC 330 to BNSS 369: Release of person of unsound mind pending investigation or trial

Section 330 CrPC (1973) replaced by Section 369 BNSS (2023)

View CrPC Section 330 →View BNSS Section 369 →

CrPC 330 to BNSS 369 at a Glance

Section 330 CrPC (Release of person of unsound mind pending investigation or trial) is now Section 369 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 330 to BNSS 369?

Section 330 of the Code of Criminal Procedure, 1973 is found in Section 369 of the Bharatiya Nagarik Suraksha Sanhita, 2023, under the same heading. Section 369 BNSS reads intellectual disability where Section 330 CrPC read mental retardation. The cross-references are to Section 367 BNSS and Section 368 BNSS where Section 330 CrPC referred to Section 328 CrPC and Section 329 CrPC. The proviso to Section 369(2) BNSS reads public mental health establishment and the Mental Healthcare Act, 2017 where the proviso to Section 330(2) CrPC read lunatic asylum and the Mental Health Act, 1987. Section 369(3)(b) BNSS reads persons with unsoundness of mind or intellectual disability where Section 330(3)(b) CrPC read persons of unsound mind or mental retardation.

CrPC 330 vs BNSS 369: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section330369
HeadingRelease of person of unsound mind pending investigation or trialSame
Sub-sections3 sub-sectionsSame
Cross-referencess.328s.367

CrPC 330 and BNSS 369: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 330, CrPC 1973

330. Release of person of unsound mind pending investigation or trial.—(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.
BNSS 2023 (in force)

Section 369, BNSS 2023

369. Release of person of unsound mind pending investigation or trial.—(1) Whenever a person if found under section 367 or section 368 to be incapable of entering defence by reason of unsoundness of mind or intellectual disability, 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 intellectual disability 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 public mental health establishment shall be made otherwise than in accordance with such rules as the State Government may have made under the Mental Healthcare Act, 2017. (3) Whenever a person is found under section 367 or section 368 to be incapable of entering defence by reason of unsoundness of mind or intellectual disability, 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 intellectual disability, 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 367 or section 368, 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 the opinion that discharge of the accused cannot be ordered, the transfer of the accused to a residential facility for persons with unsoundness of mind or intellectual disability may be ordered wherein the accused may be provided care and appropriate education and training.

When It Applies: CrPC 330 vs BNSS 369

Under CrPC 330
  1. Under Section 330(1) CrPC, when a person is found under Section 328 CrPC or Section 329 CrPC to be incapable of entering defence by reason of unsoundness of mind or mental retardation, the Magistrate or Court shall order release of that person on bail, whether the case is one in which bail may be taken or not.
  2. The proviso to Section 330(1) CrPC applies where 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 injury to the accused or to any other person.
  3. Under Section 330(2) CrPC, if in the opinion of the Magistrate or Court bail cannot be granted, or if an appropriate undertaking is not given, the Magistrate or Court shall order the accused to be kept in a place where regular psychiatric treatment can be provided, and shall report the action taken to the State Government.
  4. The proviso to Section 330(2) CrPC says 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.
  5. Under Section 330(3) CrPC, the Magistrate or Court 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.
  6. Under Section 330(3)(a) CrPC, if on the basis of medical opinion or opinion of a specialist the Magistrate or Court decides to order discharge of the accused as provided under Section 328 CrPC or Section 329 CrPC, 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.
  7. Under Section 330(3)(b) CrPC, if the Magistrate or Court is of opinion that discharge of the accused cannot be ordered, transfer of the accused to a residential facility for persons of unsound mind or mental retardation may be ordered, where the accused may be provided care and appropriate education and training.
Under BNSS 369
  1. Under Section 369(1) BNSS, when a person is found under Section 367 BNSS or Section 368 BNSS to be incapable of entering defence by reason of unsoundness of mind or intellectual disability, the Magistrate or Court shall order release of that person on bail, whether the case is one in which bail may be taken or not.
  2. The proviso to Section 369(1) BNSS applies where the accused is suffering from unsoundness of mind or intellectual disability 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 injury to the accused or to any other person.
  3. Under Section 369(2) BNSS, if in the opinion of the Magistrate or Court bail cannot be granted, or if an appropriate undertaking is not given, the Magistrate or Court shall order the accused to be kept in a place where regular psychiatric treatment can be provided, and shall report the action taken to the State Government.
  4. The proviso to Section 369(2) BNSS says that no order for the detention of the accused in a public mental health establishment shall be made otherwise than in accordance with such rules as the State Government may have made under the Mental Healthcare Act, 2017.
  5. Under Section 369(3) BNSS, the Magistrate or Court shall, keeping in view the nature of the act committed and the extent of unsoundness of mind or intellectual disability, further determine if the release of the accused can be ordered.
  6. Under Section 369(3)(a) BNSS, if on the basis of medical opinion or opinion of a specialist the Magistrate or Court decides to order discharge of the accused as provided under Section 367 BNSS or Section 368 BNSS, 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.
  7. Under Section 369(3)(b) BNSS, if the Magistrate or Court is of the opinion that discharge of the accused cannot be ordered, transfer of the accused to a residential facility for persons with unsoundness of mind or intellectual disability may be ordered, where the accused may be provided care and appropriate education and training.

What CrPC 330 to BNSS 369 Means in Practice

From 1 July 2024, a Magistrate or Court dealing with an accused found incapable of entering defence by reason of unsoundness of mind or intellectual disability looks to Section 369 BNSS. Section 369 BNSS has the same text as Section 330 CrPC apart from the renamed terms, the renumbered cross-references and the Act named in the proviso to Section 369(2) BNSS. Section 369(3) BNSS also reads is of the opinion where Section 330(3) CrPC read is of opinion, and persons with unsoundness of mind where it read persons of unsound mind.

FAQs: CrPC 330 to BNSS 369

Did the conditions for release on bail change from Section 330(1) CrPC to Section 369(1) BNSS?▼

Section 369(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 has the same text as Section 330(1) of the Code of Criminal Procedure, 1973, except for the following. Section 369(1) BNSS reads intellectual disability where Section 330(1) CrPC read mental retardation. It refers to Section 367 BNSS and Section 368 BNSS where Section 330(1) CrPC referred to Section 328 CrPC and Section 329 CrPC.

What is different in Section 369(2) BNSS about detention in a mental health facility?▼

The proviso to Section 330(2) of the Code of Criminal Procedure, 1973 spoke of detention in a lunatic asylum in accordance with rules made by the State Government under the Mental Health Act, 1987. The proviso to Section 369(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 speaks of detention in a public mental health establishment in accordance with rules made by the State Government under the Mental Healthcare Act, 2017. The rest of Section 369(2) BNSS has the same text as Section 330(2) CrPC.

What is different in Section 369(3) BNSS about release or transfer to a residential facility?▼

Section 369(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 reads intellectual disability where Section 330(3) of the Code of Criminal Procedure, 1973 read mental retardation. Section 369(3)(a) BNSS refers to Section 367 BNSS and Section 368 BNSS where Section 330(3)(a) CrPC referred to Section 328 CrPC and Section 329 CrPC. Section 369(3)(b) BNSS reads persons with unsoundness of mind or intellectual disability where Section 330(3)(b) CrPC read persons of unsound mind or mental retardation.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·