BNSS Section 372 — When accused appears to have been of sound mind

Summary

If during the inquiry or trial the accused appears to be of sound mind, and the Magistrate finds from the evidence that there is reason to believe the accused did an act that would have been an offence if done by a sane person, but that at the time of the act the accused was mentally unsound and unable to understand what he was doing or that it was wrong or illegal, then the Magistrate must continue the case. If the case is one that should be tried by a Sessions Court, the Magistrate must send the accused to be tried there.

Official Text

When the accused appears to be of sound mind at the time of inquiry or trial, and the Magistrate is satisfied from the evidence given before him that there is reason to believe that the accused committed an act, which, if he had been of sound mind, would have been an offence, and that he was, at the time when the act was committed, by reason of unsoundness of mind, incapable of knowing the nature of the act or that it was wrong or contrary to law, the Magistrate shall proceed with the case, and, if the accused ought to be tried by the Court of Session, commit him for trial before the Court of Session.

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)
• .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
• SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)
• SC (2024) Vol.12 p.335 — Supreme Court of India (2024)
• SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
• SC (2025) Vol.11 p.291 — Supreme Court of India (2025)

Old <-> New Code Mapping

• CrPC §333 — When accused appears to have been of sound mind