Section 318 CrPC: Procedure where accused does not understand proceedings
Code of Criminal Procedure, 1973
Section 318 CrPC at a Glance
Section 318 CrPC deals with procedure where accused does not understand proceedings. From 1 July 2024 it is replaced by Section 357 BNSS.
What Section 318 CrPC Says
318. Procedure where accused does not understand proceedings
If the accused, though not of unsound mind, cannot be made to understand the proceedings, the Court may proceed with the inquiry or trial; and, in the case of a Court other than a High Court, if such proceedings result in a conviction, the proceedings shall be forwarded to the High Court with a report of the circumstances of the case, and the High Court shall pass thereon such order as it thinks fit.
Source: Section 318, Code of Criminal Procedure, 1973
Section 318 CrPC in Simple Words
Section 318 of the Code of Criminal Procedure, 1973 deals with the procedure where the accused does not understand the proceedings.
If the accused, though not of unsound mind, cannot be made to understand the proceedings, the Court may proceed with the inquiry or trial.
In the case of a Court other than a High Court, if such proceedings result in a conviction, the proceedings shall be forwarded to the High Court with a report of the circumstances of the case, and the High Court shall pass thereon such order as it thinks fit.
When Section 318 CrPC Applies
- Section 318 CrPC applies if the accused, though not of unsound mind, cannot be made to understand the proceedings. The Court may proceed with the inquiry or trial.
- In the case of a Court other than a High Court, if such proceedings result in a conviction, the proceedings shall be forwarded to the High Court with a report of the circumstances of the case.
- The High Court shall pass thereon such order as it thinks fit.
Example of Section 318 CrPC
When Section 318 CrPC Does Not Apply
- The direction to forward the proceedings in Section 318 CrPC speaks of a Court other than a High Court. It does not deal with forwarding the proceedings after a conviction by a High Court.
- Section 318 CrPC speaks of proceedings that result in a conviction. It does not deal with forwarding the proceedings when they end in an acquittal.
Section 318 CrPC Under BNSS 357: What Changed
Section 318 CrPC is now covered under Section 357 BNSS.
From 1 July 2024, Section 357 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 318 of the Code of Criminal Procedure, 1973. The heading and the text are the same.
View detailed comparison (CrPC 318 vs BNSS 357) →FAQs on Section 318 CrPC
What does Section 318 CrPC say about an accused who cannot be made to understand the proceedings?▼
Section 318 of the Code of Criminal Procedure, 1973 says that if the accused, though not of unsound mind, cannot be made to understand the proceedings, the Court may proceed with the inquiry or trial.
What happens after a conviction under Section 318 CrPC?▼
Section 318 CrPC says that in the case of a Court other than a High Court, if such proceedings result in a conviction, the proceedings shall be forwarded to the High Court with a report of the circumstances of the case.
Who passes the order after the proceedings are forwarded under Section 318 CrPC?▼
Section 318 CrPC says the High Court shall pass thereon such order as it thinks fit.
Where is Section 318 CrPC found in the BNSS from 1 July 2024?▼
The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 318 CrPC has no sub-sections, and maps as a whole to Section 357 BNSS.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 26 Oct 2026 ·