Indian criminal procedure | Updated October 2026

CrPC Section 335: Safe Custody After Acquittal and BNSS Section 374

Section 335 of the Code of Criminal Procedure, 1973 concerns what a court must do when a person is acquitted on the ground of unsoundness of mind, but the judgment finds that the person committed the alleged act. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 374.

Current law: The BNSS came into force on 1 July 2024. Section 374 is the current corresponding provision for proceedings governed by the BNSS. The CrPC may remain relevant to proceedings saved by BNSS Section 531. The original CrPC text below is retained for historical reference.

Earlier provisionCrPC Section 335

Current corresponding provisionBNSS Section 374

Meaning and scope of BNSS Section 374

Section 374 addresses the arrangements following an acquittal based on unsoundness of mind where the court has expressly found that the accused committed the act. It provides a choice between safe custody and delivery to a relative or friend, subject to statutory conditions. Read the official BNSS text on India Code.

Section 374(1): Safe custody or care by a relative or friend

Where the act would have amounted to an offence but for the incapacity found, the court must order either:

Safe custody: detention in a place and manner considered appropriate by the Magistrate or Court; or
Delivery to a relative or friend: transfer of care subject to the safeguards specified in subsection (3).

Section 374(2): Mental healthcare safeguards

Detention in a public mental health establishment must comply with applicable State Government rules under the Mental Healthcare Act, 2017. This replaces the outdated institutional terminology and statutory reference found in the historical CrPC wording.

Section 374(3): Conditions for delivery to family or a friend

The relative or friend must apply to the court and provide security satisfactory to it. The undertaking must ensure proper care, prevention of injury to the person or others, and production for inspection at the times and places directed by the State Government.

Section 374(4): Reporting requirement

The Magistrate or Court must report the action taken under subsection (1) to the State Government.

How does the court reach this stage?

Under BNSS Section 373 (corresponding to CrPC Section 334), a judgment of acquittal on the ground of unsoundness of mind must specifically state whether the accused committed the act. A finding that the act was committed is the trigger for the orders contemplated by Section 374. An acquittal on this ground is therefore not automatically an unconditional release.

CrPC Section 335: Original provision explained

The historical provision was titled Person acquitted on such ground to be detained in safe custody. Its four subsections provided the following:

Section 335(1). Where the finding states that the accused committed the alleged act, which would have constituted an offence but for the incapacity found, the court shall either (a) order safe custody in a place and manner it considers fit, or (b) deliver the person to a relative or friend.

Section 335(2). The original text refers to detention in a lunatic asylum under rules made under the Indian Lunacy Act, 1912. This is historical wording, not a statement of the current mental healthcare framework.

Section 335(3). Delivery to a relative or friend requires an application and security satisfactory to the court for proper care, prevention of injury and production for inspection as directed by the State Government.

Section 335(4). The Magistrate or Court reports its action to the State Government.

Historical-law caution: The reference to the Indian Lunacy Act, 1912 and the term used for older institutions are reproduced here only to explain the former wording. For current BNSS-governed proceedings, consult Section 374 and the Mental Healthcare Act, 2017.

Related legal provisions

BNSS Section 373 / CrPC Section 334: Judgment of acquittal on ground of unsoundness of mind.
BNSS Section 375 / CrPC Section 336: State Government powers concerning officers in charge.
BNSS Sections 376 to 378 / CrPC Sections 337 to 339: Procedures relating to capacity, release and care by a relative or friend.
BNSS Section 531: Repeal and savings provisions, relevant to the transition from the CrPC.

Frequently asked questions

Does acquittal on the ground of unsoundness of mind mean immediate release?

Not necessarily. Where the court finds that the accused committed the alleged act, Section 374 requires an order concerning safe custody or delivery to a relative or friend, subject to its safeguards.

Can a family member take responsibility?

Yes, where the court accepts an application and adequate security under Section 374(3), including care and inspection requirements.

Which section applies after 1 July 2024?

BNSS Section 374 is the corresponding current provision. The applicability of the former CrPC to a particular pending matter must be assessed under the BNSS savings provisions.

Official sources

This article provides general legal information. The applicable law and court directions depend on the facts and procedural stage of each case.