Section 337 CrPC: Procedure where lunatic prisoner is reported capable of making his defence

Code of Criminal Procedure, 1973

Section 337 CrPC at a Glance

Section 337 CrPC deals with procedure where lunatic prisoner is reported capable of making his defence. From 1 July 2024 it is replaced by Section 376 BNSS.

Now BNSS

Section 376 →

What Section 337 CrPC Says

337. Procedure where lunatic prisoner is reported capable of making his defence

If such person is detained under the provisions of sub-section (2) of section 330, and in the case of a person detained in a jail, the Inspector-General of Prisons, or, in the case of a person detained in a lunatic asylum, the visitors of such asylum, or any two of them shall certify that, in his or their opinion, such person is capable of making his defence, he shall be taken before the Magistrate or Court, as the case may be, at such time as the Magistrate or Court appoints, and the Magistrate or Court shall deal with such person under the provisions of section 332; and the certificate of such Inspector-General or visitors as aforesaid shall be receivable as evidence.

Source: Section 337, Code of Criminal Procedure, 1973

Section 337 CrPC in Simple Words

Section 337 of the Code of Criminal Procedure, 1973 deals with a person detained under Section 330(2) CrPC.

If the Inspector-General of Prisons, for a person detained in a jail, or the visitors of such asylum, or any two of them, for a person detained in a lunatic asylum, shall certify that such person is capable of making his defence, such person shall be taken before the Magistrate or Court.

The Magistrate or Court shall deal with such person under Section 332 CrPC.

When Section 337 CrPC Applies

  • Section 337 CrPC applies to a person detained under the provisions of Section 330(2) CrPC.
  • The certificate is given by the Inspector-General of Prisons in the case of a person detained in a jail, or by the visitors of such asylum, or any two of them, in the case of a person detained in a lunatic asylum.
  • On a certificate that, in his or their opinion, such person is capable of making his defence, such person shall be taken before the Magistrate or Court, as the case may be, at such time as the Magistrate or Court appoints.
  • The Magistrate or Court shall deal with such person under the provisions of Section 332 CrPC, and the certificate of such Inspector-General or visitors shall be receivable as evidence.

Example of Section 337 CrPC

Mahesh is detained in a jail under Section 330(2) of the Code of Criminal Procedure, 1973. The Inspector-General of Prisons certifies that, in the opinion of the Inspector-General, Mahesh is capable of making a defence. Mahesh shall be taken before the Magistrate at such time as the Magistrate appoints, and the Magistrate shall deal with Mahesh under the provisions of Section 332 CrPC. The certificate of the Inspector-General shall be receivable as evidence.

When Section 337 CrPC Does Not Apply

  • Section 337 CrPC speaks of a person certified to be capable of making his defence. It does not deal with a person detained who is declared fit to be released, which is the subject of Section 338 CrPC.
  • Section 337 CrPC speaks of a person detained under Section 330(2) CrPC. It does not deal with the delivery of a person of unsound mind to the care of a relative or friend, which is the subject of Section 339 CrPC.

Section 337 CrPC Under BNSS 376: What Changed

Section 337 CrPC is now covered under Section 376 BNSS.

Section 337 of the Code of Criminal Procedure, 1973 is found in Section 376 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The heading of Section 376 BNSS reads prisoner of unsound mind where the heading of Section 337 CrPC read lunatic prisoner. Section 376 BNSS opens with a person where Section 337 CrPC opened with such person. It refers to Section 369(2) BNSS and Section 371 BNSS where Section 337 CrPC referred to Section 330(2) CrPC and Section 332 CrPC. It reads public mental health establishment where Section 337 CrPC read lunatic asylum, and the Mental Health Review Board constituted under the Mental Healthcare Act, 2017 where Section 337 CrPC read the visitors of such asylum, or any two of them.

View detailed comparison (CrPC 337 vs BNSS 376) →

FAQs on Section 337 CrPC

Who certifies under Section 337 CrPC that a detained person is capable of making his defence?▼

Under Section 337 of the Code of Criminal Procedure, 1973, the certificate is given by the Inspector-General of Prisons in the case of a person detained in a jail, or by the visitors of such asylum, or any two of them, in the case of a person detained in a lunatic asylum. The certificate is that, in his or their opinion, such person is capable of making his defence.

What happens after the certificate under Section 337 CrPC?▼

Under Section 337 of the Code of Criminal Procedure, 1973, such person shall be taken before the Magistrate or Court, as the case may be, at such time as the Magistrate or Court appoints. The Magistrate or Court shall deal with such person under the provisions of Section 332 CrPC. The certificate of such Inspector-General or visitors shall be receivable as evidence.

Which detention does Section 337 CrPC apply to?▼

Section 337 of the Code of Criminal Procedure, 1973 applies where a person is detained under the provisions of Section 330(2) CrPC. It speaks of a person detained in a jail and of a person detained in a lunatic asylum.

Where is Section 337 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 337 CrPC has no sub-sections, and maps as a whole to Section 376 BNSS.

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