BNSS Section 376 — Procedure where prisoner of unsound mind is reported capable of making his defence

CHAPTER XXVII PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND

Criminal

Summary

If a person is being held because they were found unfit to stand trial, and the Inspector-General of Prisons (if they are in jail) or the Mental Health Review Board (if they are in a mental health facility) certifies that the person is now capable of making their defence, then that person must be brought before the Magistrate or Court at a time set by the Magistrate or Court. Once brought before the court, the Magistrate or Court will handle the person’s case according to the procedure described in section 371. The certificate from the Inspector-General or the Board can be used as evidence in court.

Official Text

If a person is detained under the provisions of sub-section (2) of section 369, and in the case of a person detained in a jail, the Inspector-General of Prisons, or, in the case of a person detained in a public mental health establishment, the Mental Health Review Board constituted under the Mental Healthcare Act, 2017 (10 of 2017), shall certify that, in his or their opinion, such person is capable of making his defence, he shall be taken before the Magistrate or Court, as the case may be, at such time as the Magistrate or Court appoints, and the Magistrate or Court shall deal with such person under the provisions of section 371; and the certificate of such Inspector-General or visitors as aforesaid shall be receivable as evidence.

Related Judgments

  • 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.5 p.730 — Supreme Court of India (2025)
  • SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
  • 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.8 p.2108 — Supreme Court of India (2025)

Old <-> New Code Mapping

  • CrPC §337 — Procedure where prisoner of unsound mind is reported capable of making his defence