CrPC Section 335: Person acquitted on such ground to be detained in safe custody
Code of Criminal Procedure, 1973 · Chapter 25: Provisions as
Repealed on 1 July 2024 and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
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).
Bare act text for reference, current to 30 June 2024. It is not legal advice; check the official gazette for 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
- 333. When accused appears to have been of sound mind
- 334. Judgment of acquittal on ground of unsoundness of mind
- 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