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CrPC, 1973
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CrPCChapter XXVSection 334
Section334

Judgment of acquittal on ground of unsoundness of mind

AI Assist

Summary

When a person is acquitted because, at the time of the alleged offence, they were mentally unsound and could not understand the nature of the act or that it was wrong or against law, the judgment must state specifically whether the person committed the act or not. The finding must be clear about the factual commission of the act.

Example

Ravi is accused of hitting a neighbour during an altercation. Medical and witness evidence show he was mentally unsound at the time, so the court acquits him on that ground. The judgment must still say specifically whether Ravi actually struck the neighbour or not.

Bare Act

Enacted text

Whenever any person is acquitted upon the ground that, at the time at which he is alleged to have committed an offence, he was, by reason of unsoundness of mind, incapable of knowing the nature of the act alleged as constituting the offence, or that it was wrong or contrary to law, the finding shall state specifically whether he committed the act or not.

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XXV

Chapter XXV

Provisions As To Accused Persons Of Unsound Mind

In this chapter

  • 328Procedure in case of accused being lunatic
  • 329Procedure in case of person of unsound mind tried before Court
  • 330Release of person of unsound mind pending investigation or trial
  • 331Resumption of inquiry or trial
  • 332Procedure on accused appearing before Magistrate or Court
  • 333When accused appears to have been of sound mind
  • 334Judgment of acquittal on ground of unsoundness of mind
  • 335Person acquitted on such ground to be detained in safe custody
  • 336Power of State Government to empower officer in charge to discharge
  • 337Procedure where lunatic prisoner is reported capable of making his defence
  • 338Procedure where lunatic detained is declared fit to be released
  • 339Delivery of lunatic to care of relative or friend
Previous · Section 333When accused appears to have been of sound mindNext · Section 335Person acquitted on such ground to be detained in safe custody