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CrPC Section 332 and BNSS Section 371: Procedure When Accused Appears Before Court

Updated: 18 October 2026 | Indian criminal procedure

Section 332 of the Code of Criminal Procedure, 1973 prescribed how a Magistrate or Court should proceed when an accused person, whose ability to defend a case was in question, appears or is brought back before it. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 371.

Current law: The BNSS came into force on 1 July 2024. Section 371 is the corresponding provision for proceedings governed by the BNSS. The CrPC remains relevant for proceedings saved under the transitional provisions, including BNSS Section 531, depending on the circumstances.

Meaning and purpose of Section 332 CrPC

This provision concerns fitness to participate in an inquiry or trial, rather than whether the accused was legally responsible at the time of the alleged offence. A court must consider whether the accused is capable of making a defence when appearing again after earlier concerns about mental capacity.

Section 332 CrPC - statutory provision

Sub-section (1): Accused capable of making a defence

If, when the accused appears or is again brought before the Magistrate or Court, as the case may be, the Magistrate or Court considers him capable of making his defence, the inquiry or trial shall proceed.

Where the court considers the accused capable of defending the case, the previously interrupted inquiry or trial can proceed.

Sub-section (2): Accused remains incapable of making a defence

If the Magistrate or Court considers the accused to be still incapable of making his defence, the Magistrate or Court shall act according to the provisions of section 328 or section 329, as the case may be, and if the accused is found to be of unsound mind and consequently incapable of making his defence, shall deal with such accused in accordance with the provisions of section 330.

Where incapacity continues, the court must follow the applicable statutory assessment and protective procedure rather than automatically proceed with the trial.

BNSS Section 371 - current corresponding provision

Section 371, Bharatiya Nagarik Suraksha Sanhita, 2023, titled Procedure on accused appearing before Magistrate or Court, preserves the core two-part approach:

  1. Capacity restored: If the Magistrate or Court considers the accused capable of making a defence, the inquiry or trial proceeds.
  2. Incapacity continues: The Magistrate or Court applies BNSS Section 367 or 368, as appropriate. If the accused is found incapable of defending because of unsoundness of mind, the court deals with the accused under BNSS Section 369.

These are procedural safeguards. The section does not itself determine guilt, prescribe punishment, or create an automatic entitlement to unconditional release.

Capacity to make a defence

For the purpose of these provisions, the central question is whether the accused is presently capable of participating meaningfully in the defence. A mental health diagnosis by itself does not establish legal incapacity; the court must apply the statutory procedure to the relevant evidence.

BNSS Section 367 (earlier CrPC Section 328)

Sets out the procedure where mental incapacity is suspected during an inquiry before a Magistrate, including medical assessment and further judicial determination.

BNSS Section 368 (earlier CrPC Section 329)

Addresses an accused person's mental condition and capacity to defend during trial before a Magistrate or Court of Session.

BNSS Section 369 (earlier CrPC Section 330)

Governs release, treatment and appropriate care arrangements when an accused is found incapable of entering a defence, subject to the statutory conditions and safeguards.

BNSS Section 370 (earlier CrPC Section 331)

Concerns resumption of an inquiry or trial after postponement on account of the accused's mental condition.

BNSS Section 531 - repeal and savings

Contains transitional rules concerning the repeal of the CrPC and continuation of specified pending proceedings. Which procedural code applies should be determined from the facts and the statutory savings provision.

What happens when the accused returns to court?

  1. The accused appears or is brought before the Magistrate or Court.
  2. The court considers whether the accused is presently capable of making a defence.
  3. If capable, the inquiry or trial proceeds in accordance with law.
  4. If still incapable, the court follows the inquiry or trial assessment provisions, including appropriate medical evidence.
  5. Where the statutory finding of incapacity is made, the court applies the prescribed provisions concerning release, treatment or care.

Frequently asked questions

What is the new BNSS section corresponding to CrPC Section 332?

It is Section 371 of the BNSS, 2023.

Can a trial continue if the accused is still unable to defend the case?

The court must follow the statutory procedure for incapacity rather than simply continue as though the accused were fit to defend.

Does Section 332 decide whether the accused was mentally sound when the alleged offence occurred?

No. Section 332 addresses present ability to defend when appearing before court. The accused's mental state at the time of the alleged offence is a distinct legal question.

Official legislation and references

This article explains the statutory framework for general legal information. Applicable transitional provisions, judicial orders and amendments should be checked for an individual case.