Chapter XXIV
Section 318 CrPC: Procedure where accused does not understand proceedings
New Law Update (2024)
Section 340 BNSS
TRIAL COURT
Any Criminal Court conducting inquiry or trial, subject to High Court review
Punishment
Procedural – Investigation / Inquiry
Cognizable?
Bailable?
Compoundable?
Bare Act Text
If the accused, though not of unsound mind, cannot be made to understand the proceedings, the Court may proceed with the inquiry or trial; and in the case of a Court other than a High Court if such proceedings result in a conviction, the proceedings shall be forwarded to the High Court with a report of the circumstances of the case, and the High Court shall pass thereon such order as it thinks fit.
Important Sub-Sections Explained
Landmark Judgements
Ramadhar vs. State of U.P. (1993) Cr.L.J. 1655 (All):
The Allahabad High Court emphasized that in cases falling under Section 318 CrPC, the High Court, upon receipt of the proceedings, must meticulously examine the entire record to ensure that no prejudice was caused to the accused and that a fair trial was conducted despite the accused’s inability to understand the proceedings.
Jit Singh v. State of Punjab (1984 SCC OnLine P&H 154):
The Punjab & Haryana High Court highlighted the supervisory and appellate role of the High Court under Section 318, stating that the High Court has the power to pass any order it deems fit, including ordering a retrial or acquittal, based on its comprehensive review of the case circumstances where the accused could not comprehend the trial.