Bharatiya Nagarik Suraksha Sanhita, 2023
BNSS Section 378
Delivery of person of unsound mind to care of relative or friend
In one line
BNSS Section 378 deals with delivery of person of unsound mind to care of relative or friend and replaces CrPC 339.
Bare act text — BNSS 378
378. Delivery of person of unsound mind to care of relative or friend.
(1) Whenever any relative or friend of any person detained under the provisions of section 369 or section 374 desires that he shall be delivered to his care and custody, the State Government may, upon the application of such relative or friend and on his giving security to the satisfaction of such State Government, that the person delivered shall--- (a) be properly taken care of and prevented from doing injury to himself or to any other person; (b) be produced for the inspection of such officer, and at such times and places, as the State Government may direct; (c) in the case of a person detained under sub-section
(2) of section 369, be produced when required before such Magistrate or Court, order such person to be delivered to such relative or friend. (2) If the person so delivered is accused of any offence, the trial of which has been postponed by reason of his being of unsound mind and incapable of making his defence, and the inspecting officer referred to in clause (b) of sub-section (1), certifies at any time to the Magistrate or Court that such person is capable of making his defence, such Magistrate or Court shall call upon the relative or friend to whom such accused was delivered to produce him before the Magistrate or Court; and, upon such production the Magistrate or Court shall proceed in accordance with the provisions of section 371, and the certificate of the inspecting officer shall be receivable as evidence.
What changed from the CrPC
- CrPC 339 → BNSS 378: The words "person of unsound mind" replace "lunatic" in the heading.
Frequently asked
What was BNSS Section 378 in the CrPC?
BNSS Section 378 (Delivery of person of unsound mind to care of relative or friend) replaces Section 339 of the Code of Criminal Procedure, 1973. CrPC 339 is now BNSS 378.
Still citing the CrPC? Convert any old section in seconds, or keep the whole case — dates, clients and sections — in one diary.
Nearby BNSS sections
- 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 377 — Procedure where person of unsound mind detained is declared fit to be released
- 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
- BNSS 383 — Summary procedure for trial for giving false evidence
