CrPC Section 333: When accused appears to have been of sound mind
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Repealed on 1 July 2024 and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
¶ 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.
Study: explanations and related material
Now BNSS 372 (corresponding section). CrPC → BNSS converterSource: BPR&D BNSS–CrPC corresponding section table (UP Police, 2024-07-03), p19
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
- 332. Procedure on accused appearing before Magistrate or Court
- 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