BNSS Section 377 — Procedure where person of unsound mind detained is declared fit to be released

CHAPTER XXVII PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND

Criminal

Summary

If a person is being kept in custody because they were found to be of unsound mind during a trial, and the Inspector-General of prisons or official visitors believe the person can be released without risk of harming themselves or others, the State Government can decide to release them, keep them in custody, or send them to a public mental health hospital if they are not already there. If the government decides to send them to a hospital, it must appoint a Commission made up of one judge and two doctors. This Commission will formally investigate the person’s mental condition, gather necessary evidence, and report back to the State Government, which will then decide whether to release or continue detaining the person.

Official Text

(1) If a person is detained under the provisions of sub-section (2) of section 369, or section 374, and such Inspector-General or visitors shall certify that, in his or their judgment, he may be released without danger of his doing injury to himself or to any other person, the State Government may thereupon order him to be released, or to be detained in custody, or to be transferred to a public mental health establishment if he has not been already sent to such establishment; and, in case it orders him to be transferred to a public mental health establishment, may appoint a Commission, consisting of a Judicial and two medical officers.

(2) Such Commission shall make a formal inquiry into the state of mind of such person, take such evidence as is necessary, and shall report to the State Government, which may order his release or detention as it thinks fit.

Related Judgments

  • SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
  • SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
  • SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
  • SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
  • SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)
  • SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
  • .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
  • SC (2025) Vol.11 p.291 — Supreme Court of India (2025)

Old <-> New Code Mapping

  • CrPC §338 — Procedure where person of unsound mind detained is declared fit to be released