Section 331 CrPC: Resumption of inquiry or trial

Code of Criminal Procedure, 1973

Section 331 CrPC at a Glance

Section 331 CrPC deals with resumption of inquiry or trial. From 1 July 2024 it is replaced by Section 370 BNSS.

Now BNSS

What Section 331 CrPC Says

331. Resumption of inquiry or trial
(1) Whenever an inquiry or a trial is postponed under section 328 or section 329, the Magistrate or Court, as the case may be, may at any time after the person concerned has ceased to be of unsound mind, resume the inquiry or trial and require the accused to appear or be brought before such Magistrate or Court.
(2) When the accused has been released under section 330, and the sureties for his appearance produce him to the officer whom the Magistrate or Court appoints in this behalf, the certificate of such officer that the accused is capable of making his defence shall be receivable in evidence.

Source: Section 331, Code of Criminal Procedure, 1973

Section 331 CrPC in Simple Words

Section 331 of the Code of Criminal Procedure, 1973 is about resuming an inquiry or a trial that was postponed under Section 328 CrPC or Section 329 CrPC.

The Magistrate or Court may at any time after the person concerned has ceased to be of unsound mind resume the inquiry or trial and require the accused to appear or be brought before it.

Where the accused has been released under Section 330 CrPC and the sureties for the appearance of the accused produce the accused to the officer whom the Magistrate or Court appoints, the certificate of that officer that the accused is capable of making his defence shall be receivable in evidence.

When Section 331 CrPC Applies

Where an inquiry or a trial is postponed under Section 328 CrPC or Section 329 CrPC, the Magistrate or Court, as the case may be, may resume it under Section 331(1) CrPC.
The Magistrate or Court may do so at any time after the person concerned has ceased to be of unsound mind, and may require the accused to appear or be brought before it.
Section 331(2) CrPC applies when the accused has been released under Section 330 CrPC and the sureties for the appearance of the accused produce the accused to the officer whom the Magistrate or Court appoints in this behalf.
The certificate of that officer that the accused is capable of making his defence shall be receivable in evidence.

Example of Section 331 CrPC

Under Section 329 CrPC, a Court postpones the trial of Ramesh. Ramesh is released under Section 330 CrPC. Later Ramesh ceases to be of unsound mind. The Court may at any time after that resume the trial and require Ramesh to appear or be brought before the Court. The sureties of Ramesh produce Ramesh to the officer whom the Court appoints in this behalf, and that officer certifies that Ramesh is capable of making a defence. Under Section 331(2) CrPC, the certificate of that officer shall be receivable in evidence.

When Section 331 CrPC Does Not Apply

Section 331(1) CrPC speaks of resuming an inquiry or a trial that was postponed under Section 328 CrPC or Section 329 CrPC. It does not deal with the postponement itself. Section 328 CrPC is titled Procedure in case of accused being lunatic.
Section 331(2) CrPC speaks of the certificate of an officer where the accused has been released under Section 330 CrPC. It does not deal with the release itself. Section 330 CrPC is titled Release of person of unsound mind pending investigation or trial.

Section 331 CrPC Under BNSS 370: What Changed

Section 331 CrPC is now covered under Section 370 BNSS.

Section 331 CrPC and Section 370 BNSS have the same heading and the same text, except for renumbered cross-references. Section 370(1) BNSS refers to Section 367 BNSS and Section 368 BNSS where Section 331(1) CrPC referred to Section 328 CrPC and Section 329 CrPC. Section 370(2) BNSS refers to Section 369 BNSS where Section 331(2) CrPC referred to Section 330 CrPC.

View detailed comparison (CrPC 331 vs BNSS 370) →

FAQs on Section 331 CrPC

When can a Magistrate or Court resume a postponed inquiry or trial under Section 331 CrPC?▼

Where an inquiry or a trial is postponed under Section 328 CrPC or Section 329 CrPC, Section 331(1) CrPC says that the Magistrate or Court, as the case may be, may at any time after the person concerned has ceased to be of unsound mind resume the inquiry or trial and require the accused to appear or be brought before such Magistrate or Court.

Does Section 331 CrPC give a period for resuming a postponed inquiry or trial?▼

Section 331(1) CrPC gives no number of days or other period. Its words are at any time after the person concerned has ceased to be of unsound mind.

When is the certificate of an appointed officer receivable in evidence under Section 331(2) CrPC?▼

Section 331(2) CrPC applies when the accused has been released under Section 330 CrPC and the sureties for the appearance of the accused produce the accused to the officer whom the Magistrate or Court appoints in this behalf. The certificate of that officer that the accused is capable of making his defence shall be receivable in evidence.

Where is Section 331 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024?▼

Section 331(1) CrPC is found in Section 370(1) BNSS and Section 331(2) CrPC in Section 370(2) BNSS.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 20 Oct 2026 ·