CrPC Section 331: Resumption of Inquiry or Trial - BNSS Section 370
Section 331 of the Code of Criminal Procedure, 1973 addresses when an inquiry or trial postponed because the accused could not make a defence owing to unsoundness of mind may be resumed. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 370.
What is resumption of inquiry or trial?
Resumption means restarting a criminal inquiry or trial that was postponed after the court found that the accused could not effectively conduct a defence because of unsoundness of mind. The provision protects the accused's ability to participate in proceedings while allowing the case to continue when that incapacity no longer exists.
BNSS Section 370 - Current provision
Section 370 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is titled Resumption of inquiry or trial. Its two subsections provide:
Section 370(1): Power to resume proceedings
When an inquiry or trial was postponed under BNSS Section 367 or 368, the Magistrate or Court may resume it after the person concerned has ceased to be of unsound mind. The court may require the accused to appear or be brought before it.
Section 370(2): Certificate of fitness to defend
If the accused was released under BNSS Section 369 and the sureties produce the accused before an officer appointed by the court, that officer's certificate stating that the accused is capable of making a defence is admissible in evidence.
The certificate is evidence relevant to capacity; it does not eliminate the court's responsibility to consider whether the accused can participate in the proceedings. Section 371 sets out what happens when the accused appears again.
CrPC Section 331 - Original statutory provision
Section 331 of the Code of Criminal Procedure, 1973, titled Resumption of inquiry or trial, provides:
Subsection (1). Whenever an inquiry or a trial is postponed under section 328 or section 329, the Magistrate or Court, as the case may be, may at any time after the person concerned has ceased to be of unsound mind, resume the inquiry or trial and require the accused to appear or be brought before such Magistrate or Court.
Subsection (2). When the accused has been released under section 330, and the sureties for his appearance produce him to the officer whom the Magistrate or Court appoints in this behalf, the certificate of such officer that the accused is capable of making his defence shall be receivable in evidence.
The substance is carried forward in BNSS Section 370, with cross-references updated from CrPC Sections 328, 329 and 330 to BNSS Sections 367, 368 and 369 respectively.
How does the court resume an inquiry or trial?
1. Earlier postponement due to incapacity
The court must have postponed the inquiry or trial under the applicable provisions concerning an accused person of unsound mind. The legal issue is whether the accused can make a defence, not merely whether the person has received a mental-health diagnosis.
2. Assessment of ability to defend
After the accused's condition improves, relevant medical and other evidence may be considered. Where the accused was released with sureties, a certificate issued by the officer appointed under Section 370(2) is admissible evidence.
3. Appearance before the court
The Magistrate or Court may direct the accused to appear or be produced before it. Under BNSS Section 371, if the court considers the accused capable of making a defence, the inquiry or trial proceeds. If incapacity continues, the applicable protective procedure must be followed.
4. Resumption does not decide guilt
Resuming a proceeding only allows the inquiry or trial to continue. It does not amount to a finding of guilt, an acquittal, or a determination of criminal responsibility at the time of the alleged offence.
Related sections and official legal sources
BNSS Section 367: Procedure when an accused is of unsound mind during inquiry; Section 368: procedure when such an issue arises during trial; Section 369: release and care pending proceedings; Section 370: resumption; and Section 371: procedure when the accused reappears.
Read the legislation through the Government of India's India Code portal, the official BNSS section index (NCRB), and the Government-hosted BNSS text. For a case spanning the change in law, also consult BNSS Section 531 on repeal and savings.
This article is general legal information. Court orders, medical evidence, statutory savings and the circumstances of the case determine the applicable procedure.