CrPC Section 332: Procedure on accused appearing before Magistrate or Court
Code of Criminal Procedure, 1973 · Chapter 25: Provisions as - accused persons of unsound mind
Repealed on 1 July 2024 and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
¶ 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.
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(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 or 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.
Study: explanations and related material
Now BNSS 371 (corresponding section). CrPC → BNSS converterSource: BPR&D BNSS–CrPC corresponding section table (UP Police, 2024-07-03), p18
Official reference: Ministry of Home Affairs: historical CrPC reference — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-06-30.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately. Section 135 was restored and individually checked against the linked government PDF (pages 75–76) on 2026-10-02; this is not a verification of the whole collection. Schedules and forms are not consolidated here. Historical code retained for reference; read the repeal/savings provisions in the successor code.
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 328. Procedure in case of accused being lunatic
- 329. Procedure in case of person of unsound mind tried before Court
- 330. Release of lunatic pending investigation or trial
- 331. Resumption of inquiry or trial
- 333. When accused appears to have been of sound mind
- 334. Judgment of acquittal on ground of unsoundness of mind
- 335. Person acquitted on such ground to be detained in safe custody
- 336. Power of State Government to empower officer in charge to discharge
- 337. Procedure where lunatic prisoner is reported capable of making his defence
- 338. Procedure where lunatic detained is declared fit to be released
- 339. Delivery of lunatic to care of relative or friend