Code
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.
Explain it
This section states that an accused person can be held liable for an offence only if they were of sound mind when they committed the act. The burden of proof lies on the prosecution to establish that the accused was indeed of sound mind during the commission of the offence. If the accused can prove they were not of sound mind, they may be acquitted.
The law presumes every individual to be of sound mind until proven otherwise. The following circumstances might indicate unsoundness of mind:
- Insanity or mental illness
- Intoxication (excluding voluntary intoxication)
- Provocation or extreme emotional distress
Illustrate it
Imagine a person who suffers from severe delusions and believes that they are being persecuted by the government. In a fit of delusion, they commit a violent act against a government official. If the accused can prove their mental illness during the time of the offence, they may be deemed not guilty by reason of insanity, even though they committed a crime.
Common Questions and Answers
Q: What does “sound mind” mean under Section 333 CrPC?
A: This means the accused was capable of understanding the nature and consequences of their actions. They were not under the influence of any mental illness, intoxication, or other factors that could impair their judgment.
Q: Who has the burden of proof regarding the accused’s mental state?
A: The prosecution has the burden to prove that the accused was of sound mind at the time of the offence. However, the accused can raise the defence of insanity and present evidence to prove their mental condition.
Q: Can a person who was intoxicated at the time of the crime be deemed of unsound mind?
A: It depends on the circumstances. Voluntary intoxication may not be accepted as a defence, but intoxication due to involuntary consumption (e.g., unknowingly being drugged) may be considered.
