Release of person of unsound mind pending investigation or trial.

What this section does

When an accused is found incapable of entering defence due to unsoundness of mind or intellectual disability under sections 367 or 368, the Magistrate or Court shall order release on bail if the condition does not require in-patient treatment and a friend or relative undertakes to obtain out-patient treatment and prevent harm. If bail cannot be granted or no undertaking is given, the accused shall be kept in a place providing regular psychiatric treatment, with a report to the State Government; detention in a public mental health establishment must comply with State Government rules under the Mental Healthcare Act 2017. The court shall further determine, considering the nature of the act and extent of disability, whether release can be ordered, with options including conditional discharge with security or transfer to a residential facility.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Procedure at a glance

Key actors

Magistrate · Court of Session · State Government · Accused · Surety/relative/friend

Time limit

None specified

Derived from CrPC s.330.