Bharatiya Nagarik Suraksha Sanhita, 2023
BNSS Section 376
Procedure where prisoner of unsound mind is reported capable of making his defence
In one line
BNSS Section 376 deals with procedure where prisoner of unsound mind is reported capable of making his defence and replaces CrPC 337.
Bare act text — BNSS 376
376. Procedure where prisoner of unsound mind is reported capable of making his defence.
If a person is detained under the provisions of sub-section (2) of section 369, and in the case of a person detained in a jail, the Inspector-General of Prisons, or, in the case of a person detained in a public mental health establishment, the Mental Health Review Board constituted under the Mental Healthcare Act, 2017 (10 of 2017), shall certify that, in his or their opinion, such person is capable of making his defence, he shall be taken before the Magistrate or Court, as the case may be, at such time as the Magistrate or Court appoints, and the Magistrate or Court shall deal with such person under the provisions of section 371; and the certificate of such Inspector-General or visitors as aforesaid shall be receivable as evidence.
What changed from the CrPC
- CrPC 337 → BNSS 376: "person of unsound mind" replaces "lunatic", "lunatic asylum, the visitors of such asylum or any two of them," is replaced by "public mental health establishment, the Mental Health Review Board constituted under the Mental Health care Act, 2017(10 of 2017) ".
Frequently asked
What was BNSS Section 376 in the CrPC?
BNSS Section 376 (Procedure where prisoner of unsound mind is reported capable of making his defence) replaces Section 337 of the Code of Criminal Procedure, 1973. CrPC 337 is now BNSS 376.
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Nearby BNSS sections
- BNSS 371 — Procedure on accused appearing before Magistrate or Court
- BNSS 372 — When accused appears to have been of sound mind
- BNSS 373 — Judgment of acquittal on ground of unsoundness of mind
- BNSS 374 — Person acquitted on ground of unsoundness of mind to be detained in safe custody
- BNSS 375 — Power of State Government to empower officer in charge to discharge
- BNSS 377 — Procedure where person of unsound mind detained is declared fit to be released
- BNSS 378 — Delivery of person of unsound mind to care of relative or friend
- BNSS 379 — Procedure in cases mentioned in section 215
- BNSS 380 — Appeal
- BNSS 381 — Power to order costs