BNSS Section 370 — Resumption of inquiry or trial

CHAPTER XXVII PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND

Criminal

Summary

If an inquiry or trial was postponed because the accused was found to be of unsound mind, the court or magistrate can restart the proceedings once the person is no longer of unsound mind. The court can then order the accused to appear or be brought before it. If the accused was released on a bond with sureties, and those sureties bring him to a court-appointed officer, that officer’s written certificate stating the accused is now capable of making a defence can be used as evidence.

Official Text

(1) Whenever an inquiry or a trial is postponed under section 367 or section 368, the Magistrate or Court, as the case may be, may at any time after the person concerned has ceased to be of unsound mind, resume the inquiry or trial and require the accused to appear or be brought before such Magistrate or Court.

(2) When the accused has been released under section 369, and the sureties for his appearance produce him to the officer whom the Magistrate or Court appoints in this behalf, the certificate of such officer that the accused is capable of making his defence shall be receivable in evidence.

Related Judgments

  • SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
  • SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
  • SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
  • SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
  • SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)
  • .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
  • SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
  • SC (2024) Vol.12 p.335 — Supreme Court of India (2024)

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