Code
(1) Whenever the finding states that the accused person committed the act alleged, the Magistrate or Court before whom or which the trial has been held, shall, if such act would, but for the incapacity found, have constituted an offence,—
(a) order such person to be detained in safe custody in such place and manner as the Magistrate or Court thinks fit; or
(b) order such person to be delivered to any relative or friend of such person.
(2) No order for the detention of the accused in a lunatic asylum shall be made under clause (a) of sub- section (1) otherwise than in accordance with such rules as the State Government may have made under the Indian Lunacy Act, 1912 (4 of 1912).
(3) No order for the delivery of the accused to a relative or friend shall be made under clause (b) of sub-section (1) except upon the application of such relative or friend and on his giving security to the satisfaction of the Magistrate or Court that the person delivered shall—
(a) be properly taken care of and prevented from doing injury to himself or to any other person;
(b) be produced for the inspection of such officer, and at such times and places, as the State Government may direct.
(4) The Magistrate or Court shall report to the State Government the action taken under sub-section (1).
Explanation: CrPC Section 335
Section 335 states that when a person is acquitted of an offense but cannot be immediately released due to:
- Being subject to another criminal proceeding.
- Having to be handed over to another state or country.
- A warrant for their arrest from another court.
- An order for their detention under any other law.
The court can order their detention in safe custody until one of the following happens:
- The other criminal proceeding is concluded.
- They are handed over to the other state or country.
- The warrant from the other court is executed.
- The order for detention under the other law is revoked.
Illustration:
Suppose, a person ‘A’ is acquitted of murder but is still under investigation for a separate case of robbery. The court can order ‘A’ to be detained in safe custody until the investigation into the robbery case is completed.
Common Questions and Answers:
Q: Can an acquitted person be detained in safe custody indefinitely?
A: No, detention under Section 335 is only temporary and must be lifted when the reason for detention ceases to exist.
Q: Does the acquitted person have the right to apply for bail during detention under Section 335?
A: Yes, the acquitted person can apply for bail before the court that ordered their detention.
