What is Resumption of inquiry or trial? What is Procedure on accused appearing before Magistrate or Court? When accused appears to have been of sound mind? Section 331, 332 and 333 of Code of Criminal Procedure 1973

Resumption of inquiry or trial Procedure on accused appearing before Magistrate or Court When accused appears to have been of sound mind are defined under Section 331, 332 and 333 of CRPC 1973. Provision under these sections are:

 

 

 

Section 331 of CRPC "Resumption of inquiry or trial"

 (1) Whenever an inquiry or a trial is postponed under Section 328 or Section 329, the Magistrate or Court, as the case may be, may at any time after the person concerned has ceased to be of unsound mind, resume the inquiry or trial and require the accused to appear or be brought before such Magistrate or Court.

(1) Whenever an inquiry or a trial is postponed under Section 328 or Section 329, the Magistrate or Court, as the case may be, may at any time after the person concerned has ceased to be of unsound mind, resume the inquiry or trial and require the accused to appear or be brought before such Magistrate or Court.

 

Section 332 of CRPC "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.

(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 of Section or Section 329, as the case may be, and if the accused is found to be of unsound mind and consequently incapable making his defence, shall deal with such accused in accord with the provisions of Section 330.

 

Section 333 of CRPC "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

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