Bharatiya Nagarik Suraksha Sanhita, 2023
BNSS Section 377
Procedure where person of unsound mind detained is declared fit to be released
In one line
BNSS Section 377 deals with procedure where person of unsound mind detained is declared fit to be released and replaces CrPC 338.
Bare act text — BNSS 377
377. Procedure where person of unsound mind detained is declared fit to be released.
(1) If a person is detained under the provisions of sub-section
(2) of section 369, or section 374, and such InspectorGeneral or visitors shall certify that, in his or their judgment, he may be released without danger of his doing injury to himself or to any other person, the State Government may thereupon order him to be released, or to be detained in custody, or to be transferred to a public mental health establishment if he has not been already sent to such establishment; and, in case it orders him to be transferred to a public mental health establishment, may appoint a Commission, consisting of a Judicial and two medical officers. (2) Such Commission shall make a formal inquiry into the state of mind of such person, take such evidence as is necessary, and shall report to the State Government, which may order his release or detention as it thinks fit.
What changed from the CrPC
- CrPC 338 → BNSS 377: The words "person of unsound mind" replace "lunatic" in the heading.
- CrPC 338 → BNSS 377: "public mental health establishment" replaces "lunatic asylum".
Frequently asked
What was BNSS Section 377 in the CrPC?
BNSS Section 377 (Procedure where person of unsound mind detained is declared fit to be released) replaces Section 338 of the Code of Criminal Procedure, 1973. CrPC 338 is now BNSS 377.
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Nearby BNSS sections
- 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 376 — Procedure where prisoner of unsound mind is reported capable of making his defence
- 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
- BNSS 382 — Procedure of Magistrate taking cognizance