Section 335 CrPC: Person acquitted on such ground to be detained in safe custody

Code of Criminal Procedure, 1973

Section 335 CrPC at a Glance

Section 335 CrPC deals with person acquitted on such ground to be detained in safe custody. From 1 July 2024 it is replaced by Section 374 BNSS.

Now BNSS

Section 374 →

What Section 335 CrPC Says

335. Person acquitted on such ground to be detained in safe custody
(1) Whenever the finding states that the accused person committed the act alleged, the Magistrate or Court before whom or which the trial has been held, shall, if such act would, but for the incapacity found, have constituted an offence,—
(a) order such person to be detained in safe custody in such place and manner as the Magistrate or Court thinks fit; or
(b) order such person to be delivered to any relative or friend of such person.
(2) No order for the detention of the accused in a lunatic asylum shall be made under clause (a) of sub-section (1) otherwise than in accordance with such rules as the State Government may have made under the Indian Lunacy Act, 1912 (4 of 1912).
(3) No order for the delivery of the accused to a relative or friend shall be made under clause (b) of sub-section (1) except upon the application of such relative or friend and on his giving security to the satisfaction of the Magistrate or Court that the person delivered shall—
(a) be properly taken care of and prevented from doing injury to himself or to any other person;
(b) be produced for the inspection of such officer, and at such times and places, as the State Government may direct.
(4) The Magistrate or Court shall report to the State Government the action taken under sub-section (1).

Source: Section 335, Code of Criminal Procedure, 1973

Section 335 CrPC in Simple Words

Section 335 of the Code of Criminal Procedure, 1973 deals with a person acquitted on the ground of unsoundness of mind where the finding states that the accused person committed the act alleged.

If such act would, but for the incapacity found, have constituted an offence, the Magistrate or Court shall order that person to be detained in safe custody or delivered to a relative or friend.

The Magistrate or Court shall report the action taken to the State Government.

When Section 335 CrPC Applies

Under Section 335(1) CrPC, when the finding states that the accused person committed the act alleged, the Magistrate or Court before whom or which the trial has been held shall, if such act would, but for the incapacity found, have constituted an offence, make an order under Section 335(1)(a) CrPC or Section 335(1)(b) CrPC.
Section 335(1)(a) CrPC provides for an order that such person be detained in safe custody in such place and manner as the Magistrate or Court thinks fit. Section 335(1)(b) CrPC provides for an order that such person be delivered to any relative or friend of such person.
Under Section 335(2) CrPC, no order for the detention of the accused in a lunatic asylum shall be made under Section 335(1)(a) CrPC otherwise than in accordance with such rules as the State Government may have made under the Indian Lunacy Act, 1912.
Under Section 335(3) CrPC, no order for delivery of the accused to a relative or friend shall be made under Section 335(1)(b) CrPC except upon the application of such relative or friend and on his giving security to the satisfaction of the Magistrate or Court.
Under Section 335(4) CrPC, the Magistrate or Court shall report to the State Government the action taken under Section 335(1) CrPC.

Example of Section 335 CrPC

Under Section 334 of the Code of Criminal Procedure, 1973, Rahul is acquitted on the ground of unsoundness of mind, and the finding states that Rahul committed the act alleged. The act would, but for the incapacity found, have constituted an offence. Under Section 335(1)(a) CrPC, the Magistrate orders Rahul to be detained in safe custody in such place and manner as the Magistrate thinks fit. In another case, the Magistrate orders Suresh to be delivered to a relative under Section 335(1)(b) CrPC, after the brother of Suresh, Anil, applies and gives security to the satisfaction of the Magistrate that Suresh shall be properly taken care of and produced for inspection as the State Government may direct. The Magistrate shall report to the State Government the action taken.

When Section 335 CrPC Does Not Apply

Section 335(1) CrPC speaks of a case where the finding states that the accused person committed the act alleged. 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 335 CrPC speaks of detention in safe custody or delivery to a relative or friend. It does not deal with the power of the State Government to empower the officer in charge of the jail to discharge functions of the Inspector-General of Prisons, which is the subject of Section 336 CrPC.

Section 335 CrPC Under BNSS 374: What Changed

Section 335 CrPC is now covered under Section 374 BNSS.

Section 335 of the Code of Criminal Procedure, 1973 is found in Section 374 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The heading of Section 374 BNSS reads Person acquitted on ground of unsoundness of mind to be detained in safe custody where the heading of Section 335 CrPC read Person acquitted on such ground to be detained in safe custody. Section 374(2) BNSS reads public mental health establishment and the Mental Healthcare Act, 2017 where Section 335(2) CrPC read lunatic asylum and the Indian Lunacy Act, 1912. Section 374(1) BNSS, Section 374(3) BNSS and Section 374(4) BNSS have the same text as Section 335(1) CrPC, Section 335(3) CrPC and Section 335(4) CrPC.

View detailed comparison (CrPC 335 vs BNSS 374) →

FAQs on Section 335 CrPC

What orders can the Magistrate or Court make under Section 335(1) CrPC?▼

Under Section 335(1) of the Code of Criminal Procedure, 1973, whenever the finding states that the accused person committed the act alleged, the Magistrate or Court shall, if such act would, but for the incapacity found, have constituted an offence, order such person to be detained in safe custody in such place and manner as the Magistrate or Court thinks fit, or order such person to be delivered to any relative or friend of such person.

What does Section 335(2) CrPC say about detention in a lunatic asylum?▼

Under Section 335(2) of the Code of Criminal Procedure, 1973, no order for the detention of the accused in a lunatic asylum shall be made under Section 335(1)(a) CrPC otherwise than in accordance with such rules as the State Government may have made under the Indian Lunacy Act, 1912.

What conditions apply to delivery to a relative or friend under Section 335(3) CrPC?▼

Under Section 335(3) of the Code of Criminal Procedure, 1973, no order for delivery of the accused to a relative or friend shall be made under Section 335(1)(b) CrPC except upon the application of such relative or friend and on his giving security to the satisfaction of the Magistrate or Court that the person delivered shall be properly taken care of and prevented from doing injury to himself or to any other person, and be produced for the inspection of such officer, and at such times and places, as the State Government may direct.

Where is Section 335 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 335 CrPC is found in Section 374 BNSS. Section 335(1) CrPC is found in Section 374(1) BNSS, Section 335(2) CrPC is found in Section 374(2) BNSS, Section 335(3) CrPC is found in Section 374(3) BNSS and Section 335(4) CrPC is found in Section 374(4) BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·