Code
1[330. Release of person of unsound mind pending investigation or trial.— (1) Whenever a person if found under section 328 or section 329 to be incapable of entering defence by reason of unsoundness of mind or mental retardation, the Magistrate or Court, as the case may be shall, whether the case is one in which bail may be taken or not, order release of such person on bail:
Provided that the accused is suffering from unsoundness of mind or mental retardation which does not mandate in-patient treatment and a friend or relative undertakes to obtain regular out-patient psychiatric treatment from the nearest medical facility and to prevent from doing injury to himself or to any other person.
(2) If the case is one in which, in the opinion of the Magistrate or Court, as the case may be, bail cannot be granted or if an appropriate undertaking is not given, he or it shall order the accused to be kept in such a place where regular psychiatric treatment can be provided, and shall report the action taken to the State Government:
Provided that no order for the detention of the accused in a lunatic asylum shall be made otherwise than in accordance with such rules as the State Government may have made under the Mental Health Act, 1987 (14 of 1987).
(3) Whenever a person is found under section 328 or section 329 to be incapable of entering defence by reason of unsoundness of mind or mental retardation, the Magistrate or Court, as the case may be, shall keeping in view the nature of the act committed and the extent of unsoundness of mind or mental retardation, further determine if the release of the accused can be ordered:
Provided that–
(a) if on the basis of medical opinion or opinion of a specialist, the Magistrate or Court, as the case may be, decide to order discharge of the accused, as provided under section 328 or section 329, such release may be ordered, if sufficient security is given that the accused shall be prevented from doing injury to himself or to any other person;
(b) if the Magistrate or Court, as the case may be, is of opinion that discharge of the accused cannot be ordered, the transfer of the accused to a residential facility for persons of unsound mind or mental retardation may be ordered wherein the accused may be provided care and appropriate education and training.]
Explanation
This section states that if, during the investigation or trial of an offense, the Magistrate or the Court finds that the accused is of unsound mind, they may, after due inquiry, order the accused to be released.
The release can be ordered in one of the following two ways:
- Release to the custody of a relative or other person who is willing to take care of the accused.
- Release to a mental health institution.
The decision regarding the mode of release is made by the Magistrate or the Court based on the circumstances of the case, including the safety of the accused and others.
Illustration
Suppose during the investigation of a theft case, the accused is found to be exhibiting signs of mental instability. The investigating officer suspects the accused might be suffering from a mental illness and seeks a medical examination. If the medical examination confirms the accused’s unsoundness of mind, the Magistrate can order the release of the accused under Section 330 CrPC.
The Magistrate may order the accused to be released to the custody of their family member or may order their admission to a mental health institution, depending on the severity of their mental condition and the availability of suitable care.
Common Questions and Answers
Q. What are the grounds for release under Section 330 CrPC?
The accused must be found to be of unsound mind by the Magistrate or the Court during the investigation or trial.
Q. Who can order the release under this section?
The Magistrate or the Court can order the release of the accused under Section 330 CrPC.
Q. What happens to the criminal proceedings against the accused after release?
The criminal proceedings against the accused are suspended until they recover from their mental illness. Once they are found to be of sound mind, the proceedings can resume.
