BNSS Section 371 — Procedure on accused appearing before Magistrate or Court

Summary

When an accused person appears before a magistrate or court, the magistrate or court will first decide if the person is able to understand the proceedings and defend themselves. If they are considered capable, the inquiry or trial will continue as normal. If they are still considered incapable, the magistrate or court will follow the procedures under section 367 or section 368, and if the person is found to be of unsound mind and unable to defend themselves, they will be dealt with according to section 369.

Official Text

(1) If, when the accused appears or is again brought before the Magistrate or Court, as the case may be, the Magistrate or Court considers him capable of making his defence, the inquiry or trial shall proceed.

(2) If the Magistrate or Court considers the accused to be still incapable of making his defence, the Magistrate or Court shall act according to the provisions of section 367 or section 368, as the case may be, and if the accused is found to be of unsound mind and consequently incapable of making his defence, shall deal with such accused in accordance with the provisions of section 369.

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.1 p.1469 — Supreme Court of India (2025)
• SC (2025) Vol.11 p.291 — 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)

Old <-> New Code Mapping

• CrPC §332 — Procedure on accused appearing before Magistrate or Court