Chapter XXV
Section 330 CrPC: Release of lunatic pending investigation or trial
New Law Update (2024)
Section 341 BNSS
TRIAL COURT
Punishment
Procedural – Bail
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) Whenever a person is found, under section 328 or section 329, to be of unsound mind and incapable of making his defence, the Magistrate or Court, as the case may be, whether the case is one in which bail may be taken or not, may release him on sufficient security being given that he shall be properly taken care of and shall be prevented from doing injury to himself or to any other person, and for his appearance when required before the Magistrate or Court or such officer as the Magistrate or Court appoints in this behalf. (2) If the case is one in which, in the opinion of the Magistrate or Court, bail should not be taken, or if sufficient security is not given, the Magistrate or Court, as the case may be, shall order the accused to be detained in safe custody in such place and manner as he or it may think fit, and shall report the action taken to the State Government: Provided that no order for the detention of the accused in a lunatic asylum shall be made otherwise than in accordance with such rules as the State Government may have made under the Indian Lunacy Act, 1912 (4 of 1912).
Important Sub-Sections Explained
Section 330(1) CrPC
This sub-section allows a Magistrate or Court to release a person found to be of unsound mind, even if the offence is non-bailable, provided adequate security is furnished. This security ensures that the person receives proper care, is prevented from self-harm or harming others, and will appear in court when required.
Section 330(2) CrPC
If the court believes bail is inappropriate or sufficient security is not provided, this sub-section mandates the detention of the accused in safe custody. The court must report such detention to the State Government, with a critical proviso that detention in a lunatic asylum must follow specific rules under the Indian Lunacy Act, 1912.
Landmark Judgements
R.D. Upadhyay v. State of A.P. (2001):
The Supreme Court issued significant directions concerning the rights of mentally ill prisoners, including those declared of unsound mind under CrPC Sections 328, 329, and 330. It mandated periodic medical examination, proper treatment, and speedy trials for such individuals, emphasising that detention in a lunatic asylum should not be indefinite.
Kalyani Bhowmick v. State of West Bengal (2013):
The Calcutta High Court, in a detailed judgment, reiterated the need for strict adherence to the provisions of Sections 328 to 330 CrPC concerning persons of unsound mind. It underscored the state’s responsibility to provide proper medical care, rehabilitation, and to ensure that such individuals do not languish in detention without appropriate legal and medical intervention.
Draft Format / Application
IN THE COURT OF THE [Designation of Magistrate/Judge], [City/District]
Criminal Miscellaneous Application No. _______ of [Year]
IN THE MATTER OF:
[Name of Applicant/Relative], S/o/D/o [Father’s Name], R/o [Address]
…Applicant
VERSUS
THE STATE OF [State Name]
…Respondent
APPLICATION UNDER SECTION 330 OF THE CODE OF CRIMINAL PROCEDURE, 1973
MOST RESPECTFULLY SHOWETH:
1. That the accused, [Name of Accused], is facing proceedings/trial in connection with [Case Details – e.g., FIR No. X/Year, Police Station Y, under Sections Z of IPC].
2. That this Hon’ble Court/Magistrate has, under Section 328/329 CrPC, found the said accused to be of unsound mind and incapable of making his defence.
3. That the applicant, being a relative/guardian of the accused, is willing to take proper care of the accused and ensures that he shall be prevented from causing injury to himself or to any other person.
4. That the applicant undertakes to provide sufficient security as directed by this Hon’ble Court for the proper care and timely appearance of the accused before the Court or such officer as may be appointed, whenever required.
PRAYER:
It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased to:
a) Release the accused, [Name of Accused], on furnishing sufficient security, as per the provisions of Section 330(1) of the Code of Criminal Procedure, 1973.
b) Pass any other order or direction as this Hon’ble Court may deem fit and proper in the interests of justice.
AND FOR THIS ACT OF KINDNESS, THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY.
Date: [Date]
Place: [Place]
(Signature)
[Name of Applicant/Counsel]
Advocate for the Applicant