dealt under Section 84 IPC. Section 84 IPC is a
substantive provision which excuses the offence whereas Sections
328 and 329 Cr.P.C. affects ... statutory provisions contained in
Chapter XXV of the Code of Criminal Procedure .
It may need to be observed that the opinion of the
Psychiatrist, which
from the 1861 Code of Criminal
http://www.judis.nic.in
7/40
Crl.O.P.No.4993 of 2018
Procedure, to the present Code ... suggestions made by the Law Commission resulted in the
Code of Criminal Procedure (Amendment Bill) 2006, which was presented
http://www.judis
like to consider Section 84 , I.P.C. and Sections under Chapter XXV of the Code of Criminal Procedure , as in cases an act which ... proceed as per procedure given under Chapter XXV of the Code of Criminal Procedure and in this case, an application under Section 329 ,
IPC. Though there were charges under section 323 IPC for having caused injury to Lachmavva his mother and criminal intimidation under S. 506 IPC ... IPC and did not agree with the contention of the defence counsel that the appellant should have the benefit of S. 84 IPC
under:
Crl.M.C. No.744/2016 Page 1 of 8
"As per Section 227 of the Code of Criminal Procedure,
1973, ( ... neither been defined in the
Indian Penal Code nor in the Code of Criminal Procedure . The Persons with
Crl.M.C. No.744/2016 Page
Police
Station Rania instituted police report under Section 173 Code of Criminal
Procedure ( Cr.P.C -for short) before the learned Illaqa Magistrate ... said circumstances, the provisions of Section 329 (1) of the Code of
Criminal Procedure were liable to be invoked. The said provision reads as
under
trial court ought to have adverted to
the procedure provided under Section 329 CrPC. However, it
appears that nothing of that sort ... suffering from unsoundness of
mind, is proposed and the procedure of Section 329 CrPC is
not applied, it would have to be held
learned Judges of the Division Bench observed that under
section 329 Cr.P.C. if at the trial of any person, it appears ... vitiate the trial.
8. ...It is for this reason that S. 329 , Cr.P.C. is attracted in the
instant case
that in case, the appellant is lunatic, the procedure as laid down in Chapter 25 CrPC has to be followed. It would ... novo trial in accordance with Section 329 and other relevant provisions of Cr.P.C.
Record of the case be sent back forthwith
which his application filed under
Section 328 of the Code of Criminal Procedure, 1973 [for short " Cr.P.C ."] has
been disposed ... this regard, Section 329(1A) has been inserted
by the Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009) which
provides that the Court
