Section 333 CrPC: Accused’s Sound Mind – Code of Criminal Procedure

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Section 333 CrPC: Accused’s Sound Mind – Code of Criminal Procedure

1. State the Code

Section 333 of the Code of Criminal Procedure (CrPC) deals with the accused’s mental state at the time of the offence. It outlines the legal framework for determining if an accused person was of sound mind when they committed the crime.

2. Explain it

This section states that an accused person can be held liable for an offence only if they were of sound mind when they committed the act. The burden of proof lies on the prosecution to establish that the accused was indeed of sound mind during the commission of the offence. If the accused can prove they were not of sound mind, they may be acquitted.

The law presumes every individual to be of sound mind until proven otherwise. The following circumstances might indicate unsoundness of mind:

Insanity or mental illness
Intoxication (excluding voluntary intoxication)
Provocation or extreme emotional distress

3. Illustrate it

Imagine a person who suffers from severe delusions and believes that they are being persecuted by the government. In a fit of delusion, they commit a violent act against a government official. If the accused can prove their mental illness during the time of the offence, they may be deemed not guilty by reason of insanity, even though they committed a crime.

4. Common Questions and Answers

Q: What does “sound mind” mean under Section 333 CrPC?

A: This means the accused was capable of understanding the nature and consequences of their actions. They were not under the influence of any mental illness, intoxication, or other factors that could impair their judgment.

Also Read Section 17 - Bharatiya Nagarik Suraksha Sanhita(BNSS) - Subordination Of Executive Magistrates

Q: Who has the burden of proof regarding the accused’s mental state?

A: The prosecution has the burden to prove that the accused was of sound mind at the time of the offence. However, the accused can raise the defence of insanity and present evidence to prove their mental condition.

Q: Can a person who was intoxicated at the time of the crime be deemed of unsound mind?

A: It depends on the circumstances. Voluntary intoxication may not be accepted as a defence, but intoxication due to involuntary consumption (e.g., unknowingly being drugged) may be considered.