Section 329 CrPC: Procedure in case of person of unsound mind tried before Court

What Section 329 CrPC Says

329. Procedure in case of person of unsound mind tried before Court

(1) If at the trial of any person before a Magistrate or Court of Session, it appears to the Magistrate or Court that such person is of unsound mind and consequently incapable of making his defence, the Magistrate or Court shall, in the first instance, try the fact of such unsoundness and incapacity, and if the Magistrate or Court, after considering such medical and other evidence as may be produced before him or it, is satisfied of the fact, he or it shall record a finding to that effect and shall postpone further proceedings in the case.

(1A) If during trial, the Magistrate or Court of Sessions finds the accused to be of unsound mind, he or it shall refer such person to a psychiatrist or clinical psychologist for care and treatment, and the psychiatrist or clinical psychologist, as the case may be shall report to the Magistrate or Court whether the accused is suffering from unsoundness of mind:

Provided that if the accused is aggrieved by the information given by the psychiatric or clinical psychologist, as the case may be, to the Magistrate, he may prefer an appeal before the Medical Board which shall consist of—

(a) head of psychiatry unit in the nearest government hospital; and

(b) a faculty member in psychiatry in the nearest medical college.

(2) If such Magistrate or Court is informed that the person referred to in sub-section (1A) is a person of unsound mind, the Magistrate or Court shall further determine whether unsoundness of mind renders the accused incapable of entering defence and if the accused is found so incapable, the Magistrate or Court shall record a finding to that effect and shall examine the record of evidence produced by the prosecution and after hearing the advocate of the accused but without questioning the accused, if the Magistrate or Court finds that no prima facie case is made out against the accused, he or it shall, instead of postponing the trial, discharge the accused and deal with him in the manner provided under section 330:

Provided that if the Magistrate or Court finds that a prima facie case is made out against the accused in respect of whom a finding of unsoundness of mind is arrived at, he shall postpone the trial for such period, as in the opinion of the psychiatrist or clinical psychologist, is required for the treatment of the accused.

(3) If the Magistrate or Court finds that a prima facie case is made out against the accused and he is incapable of entering defence by reason of mental retardation, he or it shall not hold the trial and order the accused to be dealt with in accordance with section 330.

Source: Section 329, Code of Criminal Procedure, 1973

Section 329 CrPC in Simple Words

When Section 329 CrPC Applies

• Section 329(1) CrPC applies when, at the trial of any person before a Magistrate or Court of Session, it appears that the person is of unsound mind and consequently incapable of making his defence. The Magistrate or Court shall first try the fact of such unsoundness and incapacity.
• If the Magistrate or Court is satisfied of the fact after considering the medical and other evidence produced before him or it, he or it shall record a finding to that effect and shall postpone further proceedings in the case.
• Under Section 329(1A) CrPC, if the Magistrate or Court of Session finds during trial that the accused is of unsound mind, the accused is referred to a psychiatrist or clinical psychologist for care and treatment. The psychiatrist or clinical psychologist shall report whether the accused is suffering from unsoundness of mind.
• Under the proviso to Section 329(1A) CrPC, an accused who is aggrieved by the information given to the Magistrate may prefer an appeal before the Medical Board.
• The Medical Board shall consist of the head of psychiatry unit in the nearest government hospital and a faculty member in psychiatry in the nearest medical college.
• Under Section 329(2) CrPC, when the Magistrate or Court is informed that the person is of unsound mind, the Magistrate or Court shall further determine whether the unsoundness of mind renders the accused incapable of entering defence. If the accused is found so incapable, the Magistrate or Court shall record a finding, examine the prosecution evidence and hear the advocate of the accused without questioning the accused. If no prima facie case is made out, the accused is discharged and dealt with under Section 330 CrPC.
• Under the proviso to Section 329(2) CrPC, if the Magistrate or Court finds that a prima facie case is made out against the accused in respect of whom a finding of unsoundness of mind is arrived at, the trial is postponed for the period required for the treatment of the accused.
• Under Section 329(3) CrPC, if a prima facie case is made out against the accused and he is incapable of entering defence by reason of mental retardation, the Magistrate or Court shall not hold the trial and shall order the accused to be dealt with in accordance with Section 330 CrPC.

Time Limits Under Section 329 CrPC

• When a prima facie case is made out against an accused in respect of whom a finding of unsoundness of mind is arrived at, the trial is postponed under the proviso to Section 329(2) CrPC for the period that the psychiatrist or clinical psychologist considers required for the treatment of the accused. The section fixes no number of days or months.Act text: “postpone the trial for such period, as in the opinion of the psychiatrist or clinical psychologist, is required for the treatment of the accused”

Example of Section 329 CrPC

When Section 329 CrPC Does Not Apply

• Section 329 CrPC applies at the trial of a person before a Magistrate or Court of Session. It does not apply to a proceeding that is not such a trial.
• The finding and the postponement of proceedings under Section 329(1) CrPC do not follow unless the Magistrate or Court is satisfied of the fact that the person is of unsound mind and consequently incapable of making his defence.
• Discharge under Section 329(2) CrPC does not follow if the Magistrate or Court finds that a prima facie case is made out against the accused. The trial is then postponed for treatment.
• The direction in Section 329(3) CrPC not to hold the trial does not apply unless a prima facie case is made out and the accused is incapable of entering defence by reason of mental retardation.

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