1. State the Code

Section 329 of the Code of Criminal Procedure, 1973 (CrPC) deals with the procedure to be followed when an accused person is found to be of unsound mind during a criminal trial.

2. Explain the Code

Section 329 CrPC outlines the following steps:

• If, during the trial, the Court has reason to believe that the accused is of unsound mind and incapable of understanding the proceedings or making his defense, the Court may order a medical examination of the accused by one or more qualified medical practitioners.
• The Court may, based on the medical report, order the accused to be detained in a mental hospital or other suitable place of safe custody. This is done to ensure the accused’s well-being and prevent them from harming themselves or others.
• While the accused is detained, the Court may proceed with the trial as if the accused were present. However, the accused’s legal representative or guardian can still participate in the proceedings.
• If the medical report confirms that the accused is of unsound mind, the Court may pass an order acquitting the accused. This is because a person cannot be held criminally responsible for their actions if they are unable to understand the nature of their actions or distinguish between right and wrong.
• If the medical report shows that the accused is temporarily unsound mind, the trial may be adjourned until the accused regains their sanity.

3. Illustrate the Code

Suppose during the trial of a robbery case, the accused begins to behave erratically and makes incoherent statements. The Court, suspecting the accused is of unsound mind, orders a medical examination. The medical report confirms that the accused is suffering from a severe mental illness and is incapable of understanding the proceedings. In this case, the Court might order the accused to be detained in a mental hospital and proceed with the trial in their absence. If the accused’s condition doesn’t improve, the Court may ultimately acquit them based on their unsound mind.

4. Common Questions and Answers

Q: What if the accused pretends to be of unsound mind to avoid trial?

A: The Court will carefully examine the accused’s behavior and consider the medical report before reaching a conclusion. If the Court finds that the accused is faking mental illness, the trial will proceed as normal.

Q: Who decides whether the accused is of unsound mind?

A: The Court will rely on the medical report from qualified medical practitioners. However, the Court has the ultimate authority to decide whether the accused is of unsound mind.

Q: What happens to the accused after they are acquitted due to unsound mind?

A: The Court may order the accused to be detained in a mental hospital or other suitable place of safe custody until they are deemed to be no longer a danger to themselves or others.