CrPC Section 318: Procedure Where Accused Does Not Understand Proceedings - BNSS Section 357
Section 318 of the Code of Criminal Procedure, 1973 dealt with the procedure where an accused person, though not of unsound mind, could not be made to understand criminal court proceedings. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 357.
Text of Section 318 of the Code of Criminal Procedure, 1973
If the accused, though not of unsound mind, cannot be made to understand the proceedings, the Court may proceed with the inquiry or trial; and, in the case of a Court other than a High Court, if such proceedings result in a conviction, the proceedings shall be forwarded to the High Court with a report of the circumstances of the case, and the High Court shall pass thereon such order as it thinks fit.
Section 357 of the Bharatiya Nagarik Suraksha Sanhita, 2023
Heading: Procedure where accused does not understand proceedings.
If the accused, though not a person of unsound mind, cannot be made to understand the proceedings, the Court may proceed with the inquiry or trial; and, in the case of a Court other than a High Court, if such proceedings result in a conviction, the proceedings shall be forwarded to the High Court with a report of the circumstances of the case, and the High Court shall pass thereon such order as it thinks fit.
The new provision substantially retains the earlier procedure, with a minor change in the wording describing mental soundness.
Meaning and legal effect
When does this provision apply?
The provision concerns an accused who is not a person of unsound mind but cannot be made to understand the court proceedings. The difficulty may arise from a communication or comprehension barrier. The court must consider the actual circumstances rather than assume that inability to understand necessarily establishes mental illness.
Can the court continue the trial?
Yes. The provision permits the court to proceed with an inquiry or trial even when the accused cannot be made to understand the proceedings. This is a discretionary statutory power, not a direction to ignore the accused's procedural rights or dispense with reasonable steps to facilitate understanding.
What happens if the accused is convicted?
If a court other than a High Court convicts the accused in proceedings covered by this section, it must forward the proceedings to the High Court with a report explaining the circumstances. The High Court then passes such order as it thinks fit. This additional review is an express statutory safeguard.
CrPC Section 318 and BNSS Section 357: Key points
| Issue | Legal position |
|---|---|
| Earlier provision | Section 318, Code of Criminal Procedure, 1973 |
| Corresponding current provision | Section 357, Bharatiya Nagarik Suraksha Sanhita, 2023 |
| Condition | Accused cannot be made to understand the proceedings, though not of unsound mind |
| Power of court | May continue inquiry or trial |
| Conviction by a court other than High Court | Proceedings and a report of circumstances must be sent to the High Court |
| Role of High Court | May pass such order as it thinks fit |
Distinction from proceedings involving unsoundness of mind
Section 357 is not a substitute for the separate statutory procedure concerning an accused person of unsound mind. Where mental incapacity is in issue, the court must consider the applicable provisions governing assessment of mental condition and capacity to defend proceedings. Inability to understand because of language or communication barriers should not automatically be treated as unsoundness of mind.
Illustrative example
Suppose an accused person cannot understand what is taking place despite reasonable communication assistance, but the court does not find that the person is of unsound mind. Section 357 permits the court to continue the trial. If the trial court subsequently convicts the accused, it must forward the proceedings and its report to the High Court. The High Court then considers the matter and issues an appropriate order.
Frequently asked questions
What is the new BNSS section corresponding to CrPC Section 318?
Section 357 of the BNSS, 2023 corresponds to CrPC Section 318.
Does inability to understand proceedings automatically stop a trial?
No. The statutory provision allows the court to continue the inquiry or trial in the circumstances it describes, subject to applicable procedural safeguards.
Is High Court review required in every case?
The special forwarding requirement arises when proceedings under this provision result in conviction by a court other than a High Court.
Is CrPC Section 318 still applicable?
The CrPC was repealed with effect from 1 July 2024, but Section 531 of the BNSS contains savings for specified pending matters. Applicability depends on the case's procedural history and relevant law.
Official legal references
For the authoritative enactment and current legal text, consult the Ministry of Home Affairs - New Criminal Laws, the National Crime Records Bureau - BNSS Chapters and Sections, and the Bureau of Police Research and Development - New Criminal Laws.
Legal information is provided for general reference. Court orders, applicable rules and the facts of an individual case may affect the procedure.