Chapter XXV
Section 333 CrPC: When accused appears to have been of sound mind
New Law Update (2024)
Section 370 BNSS
TRIAL COURT
Court of Session
Punishment
Procedural – Investigation / Inquiry
Cognizable?
Bailable?
Compoundable?
Bare Act Text
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.
Important Sub-Sections Explained
Landmark Judgements
Dayabhai Chhaganbhai v. State of Gujarat (1964):
This landmark Supreme Court case established key principles regarding the burden of proof for the defence of insanity under Section 84 IPC. It clarified that while the prosecution must prove the commission of the act, the accused bears the burden of proving insanity, which can be discharged by demonstrating a preponderance of probabilities rather than beyond reasonable doubt.
Bapu v. State of Rajasthan (2007):
The Supreme Court reaffirmed the principles set forth in Dayabhai Chhaganbhai, reiterating that the burden on the accused to prove insanity is less stringent than the prosecution’s burden. The Court emphasized that the critical aspect is the accused’s mental state at the time of the offence, not at the time of inquiry or trial.
State of Rajasthan v. Shera Ram (2012):
This judgment further elucidated the application of the ‘insanity defense’ under Section 84 IPC. It highlighted that the accused must prove incapacity, due to unsoundness of mind, to understand the nature of the act or its wrongfulness/illegality at the time of its commission, clearly distinguishing between medical and legal insanity.