Section 333 CrPC: When accused appears to have been of sound mind

Code of Criminal Procedure, 1973

Section 333 CrPC at a Glance

Section 333 CrPC deals with when accused appears to have been of sound mind. From 1 July 2024 it is replaced by Section 372 BNSS.

Now BNSS

Section 372 →

What Section 333 CrPC Says

333. When accused appears to have been of sound mind

When the accused appears to be of sound mind at the time of inquiry or trial, and the Magistrate is satisfied from the evidence given before him that there is reason to believe that the accused committed an act, which, if he had been of sound mind, would have been an offence, and that he was, at the time when the act was committed, by reason of unsoundness of mind, incapable of knowing the nature of the act or that it was wrong or contrary to law, the Magistrate shall proceed with the case, and, if the accused ought to be tried by the Court of Session, commit him for trial before the Court of Session.

Source: Section 333, Code of Criminal Procedure, 1973

Section 333 CrPC in Simple Words

Section 333 of the Code of Criminal Procedure, 1973 is about an accused who appears to be of sound mind at the time of inquiry or trial.

Where the Magistrate is satisfied from the evidence given before the Magistrate that there is reason to believe that the accused committed an act which, if the accused had been of sound mind, would have been an offence, and that at the time when the act was committed the accused was, by reason of unsoundness of mind, incapable of knowing the nature of the act or that it was wrong or contrary to law, the Magistrate shall proceed with the case.

If the accused ought to be tried by the Court of Session, the Magistrate shall commit the accused for trial before the Court of Session.

When Section 333 CrPC Applies

  • The accused appears to be of sound mind at the time of inquiry or trial.
  • The Magistrate is satisfied from the evidence given before the Magistrate that there is reason to believe that the accused committed an act which, if the accused had been of sound mind, would have been an offence.
  • The Magistrate is also satisfied that, at the time when the act was committed, the accused was, by reason of unsoundness of mind, incapable of knowing the nature of the act or that it was wrong or contrary to law.
  • The Magistrate shall then proceed with the case and, if the accused ought to be tried by the Court of Session, commit the accused for trial before the Court of Session.

Example of Section 333 CrPC

At the time of the inquiry, Ramesh appears to be of sound mind. The evidence given before the Magistrate gives reason to believe that Ramesh committed an act which would have been an offence if Ramesh had been of sound mind, and that when Ramesh committed the act, Ramesh was by reason of unsoundness of mind incapable of knowing the nature of the act. The Magistrate is satisfied of both, and Section 333 CrPC says the Magistrate shall proceed with the case. If Ramesh ought to be tried by the Court of Session, the Magistrate shall commit Ramesh for trial before the Court of Session.

When Section 333 CrPC Does Not Apply

  • Section 333 CrPC speaks of an accused who appears to be of sound mind at the time of inquiry or trial. It does not deal with the procedure for an accused who is of unsound mind at that time. Section 328 CrPC is titled Procedure in case of accused being lunatic.
  • Section 333 CrPC speaks of the Magistrate proceeding with the case. It does not deal with the finding in a judgment of acquittal on the ground of unsoundness of mind. Section 334 CrPC is titled Judgment of acquittal on ground of unsoundness of mind.

Section 333 CrPC Under BNSS 372: What Changed

Section 333 CrPC is now covered under Section 372 BNSS.

Section 333 CrPC and Section 372 BNSS have the same heading and the same text. They have no cross-references to other sections to renumber.

View detailed comparison (CrPC 333 vs BNSS 372) →

FAQs on Section 333 CrPC

When does a Magistrate proceed with the case under Section 333 CrPC?▼

Section 333 CrPC applies when the accused appears to be of sound mind at the time of inquiry or trial and the Magistrate is satisfied from the evidence given before the Magistrate that there is reason to believe that the accused committed an act which, if the accused had been of sound mind, would have been an offence, and that at the time when the act was committed the accused was, by reason of unsoundness of mind, incapable of knowing the nature of the act or that it was wrong or contrary to law. The Magistrate shall then proceed with the case.

What does the Magistrate do under Section 333 CrPC if the accused ought to be tried by the Court of Session?▼

The Magistrate shall commit the accused for trial before the Court of Session.

What must the evidence show under Section 333 CrPC?▼

The Magistrate must be satisfied from the evidence that there is reason to believe that the accused committed an act which, if the accused had been of sound mind, would have been an offence, and that at the time when the act was committed the accused was, by reason of unsoundness of mind, incapable of knowing the nature of the act or that it was wrong or contrary to law.

Where is Section 333 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024?▼

Section 333 CrPC has no sub-sections, and maps as a whole to Section 372 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 ·