CrPC 333 to BNSS 372: When accused appears to have been of sound mind
Section 333 CrPC (1973) replaced by Section 372 BNSS (2023)
CrPC 333 to BNSS 372 at a Glance
Section 333 CrPC (When accused appears to have been of sound mind) is now Section 372 BNSS, in force from 1 July 2024. What changed is set out below.
What Changed From CrPC 333 to BNSS 372?
Section 333 CrPC and Section 372 BNSS have the same heading and the same text. They have no cross-references to other sections to renumber.
CrPC 333 vs BNSS 372: Comparison Table
| Aspect | CrPC 1973 (repealed) | BNSS 2023 (in force) |
|---|---|---|
| Section | 333 | 372 |
| Heading | When accused appears to have been of sound mind | Same |
CrPC 333 and BNSS 372: Bare Act Text Side by Side
CrPC 1973 (repealed)
Section 333, CrPC 1973
333. When accused appears to have been of sound mind.—When the accused appears to be of sound mind at the time of inquiry or trial, and the Magistrate is satisfied from the evidence given before him that there is reason to believe that the accused committed an act, which, if he had been of sound mind, would have been an offence, and that he was, at the time when the act was committed, by reason of unsoundness of mind, incapable of knowing the nature of the act or that it was wrong or contrary to law, the Magistrate shall proceed with the case, and, if the accused ought to be tried by the Court of Session, commit him for trial before the Court of Session.
BNSS 2023 (in force)
Section 372, BNSS 2023
372. When accused appears to have been of sound mind.—When the accused appears to be of sound mind at the time of inquiry or trial, and the Magistrate is satisfied from the evidence given before him that there is reason to believe that the accused committed an act, which, if he had been of sound mind, would have been an offence, and that he was, at the time when the act was committed, by reason of unsoundness of mind, incapable of knowing the nature of the act or that it was wrong or contrary to law, the Magistrate shall proceed with the case, and, if the accused ought to be tried by the Court of Session, commit him for trial before the Court of Session.
When It Applies: CrPC 333 vs BNSS 372
Under CrPC 333
- The accused appears to be of sound mind at the time of inquiry or trial.
- The Magistrate is satisfied from the evidence given before the Magistrate that there is reason to believe that the accused committed an act which, if the accused had been of sound mind, would have been an offence.
- The Magistrate is also satisfied that, at the time when the act was committed, the accused was, by reason of unsoundness of mind, incapable of knowing the nature of the act or that it was wrong or contrary to law.
- The Magistrate shall then proceed with the case and, if the accused ought to be tried by the Court of Session, commit the accused for trial before the Court of Session.
Under BNSS 372
- The accused appears to be of sound mind at the time of inquiry or trial.
- The Magistrate is satisfied from the evidence given before the Magistrate that there is reason to believe that the accused committed an act which, if the accused had been of sound mind, would have been an offence.
- The Magistrate is also satisfied that, at the time when the act was committed, the accused was, by reason of unsoundness of mind, incapable of knowing the nature of the act or that it was wrong or contrary to law.
- The Magistrate shall then proceed with the case and, if the accused ought to be tried by the Court of Session, commit the accused for trial before the Court of Session.
What CrPC 333 to BNSS 372 Means in Practice
A reader of Section 372 BNSS finds the same conditions for the Magistrate and the same direction to proceed or commit that Section 333 CrPC contains.
FAQs: CrPC 333 to BNSS 372
Did Section 372 BNSS change the conditions in Section 333 CrPC?▼
Section 372 BNSS has the same text as Section 333 CrPC, so the conditions are worded the same way.
Did the direction to proceed with the case or commit it to the Court of Session change from Section 333 CrPC to Section 372 BNSS?▼
Section 372 BNSS has the same text as Section 333 CrPC on this point.
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: 20 Oct 2026 ·