Section 334 in The Code of Criminal Procedure, 1973
334. Judgment of acquittal on ground of unsoundness of mind.
- Whenever any person is acquitted upon
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 ,
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
offences punishable under Sections 326 , 307 and
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302 of IPC which when translated and read over and explained ... I.P.C. and imposing
sentence thereon on the appellant and accordingly, we set aside
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such conviction
advocate who filed an application (Exhibit 5) under Section 325 , Cr.P.C. inter alia to the effect that the accused was unable to give ... trial Court straightway resumed and concluded the trial.
7. Under Section 329 , Cr.P.C., if at the trial of any person, it appears
IPC. One of its exception is Section 84 IPC dealing with overt acts of persons of unsound mind.
13. The very Section 84 IPC ... Bail jurisdiction of the Court under Chapter XXXV of Code of Criminal Procedure , 1973 is wide and vast. Consideration of period of incarceration, stage
Gwalior or to adopt the procedure, which is enumerated in sections 328 , 329 and 330 of the Criminal Procedure Code. Only on the defence being ... present case as well, the procedure enumerated in section 329 , Criminal Procedure Code, could not be adopted. Therefore, it could not be ascertained
whether a case is covered by an exception or not. Section 6 . I.P.C . carves out or stands in the nature of a proviso ... tarry, take note of some salient provisions of the Criminal Procedure Code , 1973. Chapter XII of "the Code'1 commands the police officers
DELIVERED THE FOLLOWING:
Crl.Appeal No.449 of 2021
2
P.B.SURESH KUMAR & C.S.SUDHA, JJ.
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Crl.Appeal ... Section 84 IPC. However, the court below failed to
appreciate the said fact in the correct perspective. The procedure
contemplated under Section 329
sessions under the
provisions of Section 209 of the Code of Criminal Procedure and
upon committal, the same came to be registered as the Sessions ... recording
of the evidence.
ANALYSIS :
20. Section 329 of Code of Criminal Procedure, 1973, pertains
to the procedure in case of person of unsound mind