Section 330 CrPC: Release of person of unsound mind pending investigation or trial

What Section 330 CrPC Says

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.

Source: Section 330, Code of Criminal Procedure, 1973

Section 330 CrPC in Simple Words

When Section 330 CrPC Applies

• 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.
• 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.
• 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.
• 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.
• 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.
• 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.
• 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.

Example of Section 330 CrPC

When Section 330 CrPC Does Not Apply

• Section 330(1) CrPC speaks of release on bail of a person found under Section 328 CrPC or Section 329 CrPC to be incapable of entering defence. It does not deal with the procedure for making that finding, which is the subject of Section 328 CrPC and Section 329 CrPC.
• Section 330(3) CrPC speaks of determining if the release of the accused can be ordered. It does not deal with resumption of the inquiry or trial, which is the subject of Section 331 CrPC.

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FAQs on Section 330 CrPC

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