Section 330 CrPC: Release of Lunatic Pending Investigation or Trial

1. The Code

Section 330 of the Code of Criminal Procedure (CrPC) deals with the release of a person who is found to be of unsound mind during the course of an investigation or trial.

2. 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.

3. 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.

4. Common Questions and Answers