CrPC 335→BNSS 374

CrPC 335 to BNSS 374: Person acquitted on such ground to be detained in safe custody

Section 335 CrPC (1973) replaced by Section 374 BNSS (2023)

View CrPC Section 335 →View BNSS Section 374 →

CrPC 335 to BNSS 374 at a Glance

Section 335 CrPC (Person acquitted on such ground to be detained in safe custody) is now Section 374 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 335 to BNSS 374?

Section 335 of the Code of Criminal Procedure, 1973 is found in Section 374 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The heading of Section 374 BNSS reads Person acquitted on ground of unsoundness of mind to be detained in safe custody where the heading of Section 335 CrPC read Person acquitted on such ground to be detained in safe custody. Section 374(2) BNSS reads public mental health establishment and the Mental Healthcare Act, 2017 where Section 335(2) CrPC read lunatic asylum and the Indian Lunacy Act, 1912. Section 374(1) BNSS, Section 374(3) BNSS and Section 374(4) BNSS have the same text as Section 335(1) CrPC, Section 335(3) CrPC and Section 335(4) CrPC.

CrPC 335 vs BNSS 374: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section335374
HeadingPerson acquitted on such ground to be detained in safe custodyPerson acquitted on ground of unsoundness of mind to be detained in safe custody
Sub-sections4 sub-sectionsSame

CrPC 335 and BNSS 374: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 335, CrPC 1973

335. Person acquitted on such ground to be detained in safe custody.—(1) Whenever the finding states that the accused person committed the act alleged, the Magistrate or Court before whom or which the trial has been held, shall, if such act would, but for the incapacity found, have constituted an offence,— (a) order such person to be detained in safe custody in such place and manner as the Magistrate or Court thinks fit; or (b) order such person to be delivered to any relative or friend of such person. (2) No order for the detention of the accused in a lunatic asylum shall be made under clause (a) of sub-section (1) otherwise than in accordance with such rules as the State Government may have made under the Indian Lunacy Act, 1912 (4 of 1912). (3) No order for the delivery of the accused to a relative or friend shall be made under clause (b) of sub-section (1) except upon the application of such relative or friend and on his giving security to the satisfaction of the Magistrate or Court that the person delivered shall— (a) be properly taken care of and prevented from doing injury to himself or to any other person; (b) be produced for the inspection of such officer, and at such times and places, as the State Government may direct. (4) The Magistrate or Court shall report to the State Government the action taken under sub-section (1).
BNSS 2023 (in force)

Section 374, BNSS 2023

374. Person acquitted on ground of unsoundness of mind to be detained in safe custody.—(1) Whenever the finding states that the accused person committed the act alleged, the Magistrate or Court before whom or which the trial has been held, shall, if such act would, but for the incapacity found, have constituted an offence,— (a) order such person to be detained in safe custody in such place and manner as the Magistrate or Court thinks fit; or (b) order such person to be delivered to any relative or friend of such person. (2) No order for the detention of the accused in a public mental health establishment shall be made under clause (a) of sub-section (1) otherwise than in accordance with such rules as the State Government may have made under the Mental Healthcare Act, 2017. (3) No order for the delivery of the accused to a relative or friend shall be made under clause (b) of sub-section (1) except upon the application of such relative or friend and on his giving security to the satisfaction of the Magistrate or Court that the person delivered shall— (a) be properly taken care of and prevented from doing injury to himself or to any other person; (b) be produced for the inspection of such officer, and at such times and places, as the State Government may direct. (4) The Magistrate or Court shall report to the State Government the action taken under sub-section (1).

When It Applies: CrPC 335 vs BNSS 374

Under CrPC 335
  1. Under Section 335(1) CrPC, when the finding states that the accused person committed the act alleged, the Magistrate or Court before whom or which the trial has been held shall, if such act would, but for the incapacity found, have constituted an offence, make an order under Section 335(1)(a) CrPC or Section 335(1)(b) CrPC.
  2. Section 335(1)(a) CrPC provides for an order that such person be detained in safe custody in such place and manner as the Magistrate or Court thinks fit. Section 335(1)(b) CrPC provides for an order that such person be delivered to any relative or friend of such person.
  3. Under Section 335(2) CrPC, no order for the detention of the accused in a lunatic asylum shall be made under Section 335(1)(a) CrPC otherwise than in accordance with such rules as the State Government may have made under the Indian Lunacy Act, 1912.
  4. Under Section 335(3) CrPC, no order for delivery of the accused to a relative or friend shall be made under Section 335(1)(b) CrPC except upon the application of such relative or friend and on his giving security to the satisfaction of the Magistrate or Court.
  5. Under Section 335(4) CrPC, the Magistrate or Court shall report to the State Government the action taken under Section 335(1) CrPC.
Under BNSS 374
  1. Under Section 374(1) BNSS, when the finding states that the accused person committed the act alleged, the Magistrate or Court before whom or which the trial has been held shall, if such act would, but for the incapacity found, have constituted an offence, make an order under Section 374(1)(a) BNSS or Section 374(1)(b) BNSS.
  2. Section 374(1)(a) BNSS provides for an order that such person be detained in safe custody in such place and manner as the Magistrate or Court thinks fit. Section 374(1)(b) BNSS provides for an order that such person be delivered to any relative or friend of such person.
  3. Under Section 374(2) BNSS, no order for the detention of the accused in a public mental health establishment shall be made under Section 374(1)(a) BNSS otherwise than in accordance with such rules as the State Government may have made under the Mental Healthcare Act, 2017.
  4. Under Section 374(3) BNSS, no order for delivery of the accused to a relative or friend shall be made under Section 374(1)(b) BNSS except upon the application of such relative or friend and on his giving security to the satisfaction of the Magistrate or Court.
  5. Under Section 374(4) BNSS, the Magistrate or Court shall report to the State Government the action taken under Section 374(1) BNSS.

What CrPC 335 to BNSS 374 Means in Practice

From 1 July 2024, a Magistrate or Court dealing with a person acquitted on the ground of unsoundness of mind looks to Section 374 BNSS, which has the same text as Section 335 CrPC apart from the heading wording and the words used in Section 374(2) BNSS.

FAQs: CrPC 335 to BNSS 374

Which section of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaces Section 335 CrPC from 1 July 2024?▼

Section 374 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 335 of the Code of Criminal Procedure, 1973 from 1 July 2024. Section 335(1) CrPC is found in Section 374(1) BNSS, Section 335(2) CrPC is found in Section 374(2) BNSS, Section 335(3) CrPC is found in Section 374(3) BNSS and Section 335(4) CrPC is found in Section 374(4) BNSS.

What is different in Section 374(2) BNSS about detention in an institution?▼

Section 335(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 Indian Lunacy Act, 1912. Section 374(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.

Did the conditions for delivery to a relative or friend differ in Section 374(3) BNSS?▼

Section 374(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 has the same text as Section 335(3) of the Code of Criminal Procedure, 1973. Both require the application of such relative or friend and security to the satisfaction of the Magistrate or Court that the person delivered shall be properly taken care of and be produced for the inspection of such officer, and at such times and places, as the State Government may direct.

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: 22 Oct 2026 ·