Chapter XXV
Section 332 CrPC: Procedure on accused appearing before Magistrate or Court
New Law Update (2024)
Section 367 BNSS
TRIAL COURT
Punishment
Procedural – Investigation / Inquiry
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(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 328 or Section 329, as the case may be, and if the accused is found to be of unsound mind and consequently incapable of making his defence, shall deal with such accused in accordance with the provisions of Section 330.
Important Sub-Sections Explained
Section 332(1)
This sub-section mandates that if, upon reappearance, the Magistrate or Court assesses the accused as capable of conducting their defence, the criminal inquiry or trial against them shall resume or proceed further.
Section 332(2)
Conversely, if the accused is still considered incapable of making their defence, this sub-section directs the Magistrate or Court to follow the procedures outlined in Section 328 or Section 329, and if found of unsound mind, to act in accordance with Section 330 of the CrPC.