CrPC · Code of Criminal Procedure, 1973

Section 335 CrPC

Person acquitted on such ground to be detained in safe custody

Procedure & effect

Whenever the finding states that the accused person committed the act alleged, the magistrate or Court before whom or which the trial has been held shall, if such act would, but for the incapacity found have constituted an offence,

order such person to be detained in safe custody in such place and manner as the Magistrate or Court thinks fit; or
order such person to be delivered to any relative or friend of such person.

No order for the detention of the accused in a lunatic asylum shall be made under clause (a) of Sub-Section (1) otherwise than in accordance with such rules as the State Government may have made under the Indian Lunacy Act, 1912 (4 of 1912).
No order for the delivery of the accused to a relative or friend shall be made under clause (b) of Sub-Section (1) except upon the application of such relative or friend and on his giving security to the satisfaction of the Magistrate or Court that the person delivered shall—

be properly taken care of and prevented from doing injury to himself or to any other person;
be produced for the inspection of such officer, and at such times and places, as the State Government may direct.

The Magistrate or Court shall report to the State Government the action taken under Sub-Section (1).

FAQ — Section 335 CrPC

Section 335 of the Code of Criminal Procedure, 1973 (CrPC) deals with “Person acquitted on such ground to be detained in safe custody”. This page explains the offence (if any), punishment, and links to Vaksera petition formats.

Whenever the finding states that the accused person committed the act alleged, the magistrate or Court before whom or which the trial has been held shall, if such act would, but for the incapacity found have constituted an offence, order such person to be detained in safe custody in such place and manner as the Magistrate or Court thinks fit; or order such person to be delivered to any relative or friend of such person. No order for the detention of the accused in a lunatic asylum

No. Vaksera provides a drafting reference and petition formats only. Always verify the current bare act and local court practice.

Statute summaries on Vaksera are for advocate drafting reference only, not legal advice. Verify the current bare act and court rules before filing.