Section 331 CrPC: Resumption of inquiry or trial

Chapter XXV

criminal jurisprudence, fitness to stand trial, mental illness and criminal procedure, postponement of trial, resumption of trial, Unsound mind

New Law Update (2024)

Section 407 BNSS

TRIAL COURT

Magistrate or Court

Punishment

Procedural – Investigation / Inquiry

Cognizable?

Bailable?

Compoundable?

Bare Act Text

(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. (2) When the accused has been released under section 330, and the sureties for his appearance produce him to the officer whom the Magistrate or Court appoints in this behalf, the certificate of such officer that the accused is capable of making his defence shall be receivable in evidence.

Important Sub-Sections Explained

Section 331(1) CrPC

This sub-section allows the Magistrate or Court to resume an inquiry or trial that was previously postponed due to the accused’s unsound mind (under Section 328 or 329), at any time after the accused regains mental fitness, and can summon the accused to appear.

Section 331(2) CrPC

This sub-section specifies that if an accused was released under Section 330 due to unsoundness, their sureties must produce them to an appointed officer, whose certificate stating the accused is capable of making their defence will be accepted as evidence in court.

Chapter XXV