Section 332 CrPC: Procedure on accused appearing before Magistrate or Court

Code of Criminal Procedure, 1973

Section 332 CrPC at a Glance

Section 332 CrPC deals with procedure on accused appearing before Magistrate or Court. From 1 July 2024 it is replaced by Section 371 BNSS.

Now BNSS

Section 371 →

What Section 332 CrPC Says

332. Procedure on accused appearing before Magistrate or Court

(1) If, when the accused appears or is again brought before the Magistrate or Court, as the case may be, the Magistrate or Court considers him capable of making his defence, the inquiry or trial shall proceed.

(2) If the Magistrate or Court considers the accused to be still incapable of making his defence, the Magistrate or Court shall act according to the provisions of section 328 or section 329, as the case may be, and if the accused is found to be of unsound mind and consequently incapable of making his defence, shall deal with such accused in accordance with the provisions of section 330.

Source: Section 332, Code of Criminal Procedure, 1973

Section 332 CrPC in Simple Words

Section 332 of the Code of Criminal Procedure, 1973 deals with an accused who appears or is again brought before the Magistrate or Court.

If the Magistrate or Court considers the accused capable of making his defence, the inquiry or trial shall proceed.

If the Magistrate or Court considers the accused to be still incapable of making his defence, the Magistrate or Court shall act according to the provisions of Section 328 CrPC or Section 329 CrPC, as the case may be.

When Section 332 CrPC Applies

  • Under Section 332(1) CrPC, when the accused appears or is again brought before the Magistrate or Court and the Magistrate or Court considers the accused capable of making his defence, the inquiry or trial shall proceed.
  • Under Section 332(2) CrPC, if the Magistrate or Court considers the accused to be still incapable of making his defence, the Magistrate or Court shall act according to the provisions of Section 328 CrPC or Section 329 CrPC, as the case may be.
  • Under Section 332(2) CrPC, if the accused is found to be of unsound mind and consequently incapable of making his defence, the Magistrate or Court shall deal with such accused in accordance with the provisions of Section 330 CrPC.

Example of Section 332 CrPC

In a trial under Section 332 of the Code of Criminal Procedure, 1973, Ramesh is again brought before the Magistrate. The Magistrate considers Ramesh capable of making a defence, so under Section 332(1) CrPC the trial shall proceed. In another trial, Mohan appears before the Magistrate, who considers Mohan to be still incapable of making a defence. Under Section 332(2) CrPC, the Magistrate shall act according to the provisions of Section 328 CrPC or Section 329 CrPC. If Mohan is found to be of unsound mind and consequently incapable of making a defence, the Magistrate shall deal with Mohan in accordance with the provisions of Section 330 CrPC.

When Section 332 CrPC Does Not Apply

  • Section 332 CrPC speaks of an accused who appears or is again brought before the Magistrate or Court. It does not deal with the resumption of an inquiry or trial postponed under Section 328 CrPC or Section 329 CrPC, which is the subject of Section 331 CrPC.
  • Section 332(2) CrPC speaks of dealing with an accused found to be of unsound mind in accordance with Section 330 CrPC. It does not deal with a judgment of acquittal on the ground of unsoundness of mind, which is the subject of Section 334 CrPC.

Section 332 CrPC Under BNSS 371: What Changed

Section 332 CrPC is now covered under Section 371 BNSS.

Section 332 of the Code of Criminal Procedure, 1973 is found in Section 371 of the Bharatiya Nagarik Suraksha Sanhita, 2023, under the same heading. Section 371(1) BNSS has the same text as Section 332(1) CrPC. Section 371(2) BNSS refers to Section 367 BNSS, Section 368 BNSS and Section 369 BNSS where Section 332(2) CrPC referred to Section 328 CrPC, Section 329 CrPC and Section 330 CrPC.

View detailed comparison (CrPC 332 vs BNSS 371) →

FAQs on Section 332 CrPC

When does the inquiry or trial proceed under Section 332(1) CrPC?▼

Under Section 332(1) of the Code of Criminal Procedure, 1973, when the accused appears or is again brought before the Magistrate or Court, as the case may be, and the Magistrate or Court considers the accused capable of making his defence, the inquiry or trial shall proceed.

What does Section 332(2) CrPC say if the accused is considered still incapable of making his defence?▼

Under Section 332(2) of the Code of Criminal Procedure, 1973, if the Magistrate or Court considers the accused to be still incapable of making his defence, the Magistrate or Court shall act according to the provisions of Section 328 CrPC or Section 329 CrPC, as the case may be.

What does Section 332(2) CrPC say about an accused found to be of unsound mind?▼

Under Section 332(2) of the Code of Criminal Procedure, 1973, if the accused is found to be of unsound mind and consequently incapable of making his defence, the Magistrate or Court shall deal with such accused in accordance with the provisions of Section 330 CrPC.

Where is Section 332 CrPC found in BNSS from 1 July 2024?▼

From 1 July 2024, the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973. Section 332 CrPC is found in Section 371 BNSS. Section 332(1) CrPC is found in Section 371(1) BNSS and Section 332(2) CrPC is found in Section 371(2) BNSS.

Have questions about Section 332 CrPC?

Ask NyayGuru for a plain language explanation, or how it applies to your situation.

Ask NyayGuru →

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: 22 Oct 2026 ·