BNSS Section 378 — Delivery of person of unsound mind to care of relative or friend

Summary

If a relative or friend wants to take care of a person who has been detained because of unsoundness of mind, the State Government may allow this. The relative or friend must apply and give a security promise to the government that they will properly care for the person, prevent them from harming themselves or others, and produce them for inspection when the government directs. If the detained person was accused of a crime and their trial was postponed because they were unable to defend themselves due to unsoundness of mind, and an inspecting officer later certifies that the person is now capable of making their defence, the court will order the relative or friend to bring the person back to court. Once the person is produced, the court will proceed according to the law, and the officer’s certificate will be accepted as evidence.

Official Text

(1) Whenever any relative or friend of any person detained under the provisions of section 369 or section 374 desires that he shall be delivered to his care and custody, the State Government may, upon the application of such relative or friend and on his giving security to the satisfaction of such State Government, that the person delivered shall—

(a) be properly taken care of and prevented from doing injury to himself or to any other person;

(b) be produced for the inspection of such officer, and at such times and places, as the State Government may direct;

(c) in the case of a person detained under sub-section (2) of section 369, be produced when required before such Magistrate or Court, order such person to be delivered to such relative or friend.

(2) If the person so delivered is accused of any offence, the trial of which has been postponed by reason of his being of unsound mind and incapable of making his defence, and the inspecting officer referred to in clause (b) of sub-section (1), certifies at any time to the Magistrate or Court that such person is capable of making his defence, such Magistrate or Court shall call upon the relative or friend to whom such accused was delivered to produce him before the Magistrate or Court; and, upon such production the Magistrate or Court shall proceed in accordance with the provisions of section 371, and the certificate of the inspecting officer shall be receivable as 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)
• .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
• SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)
• SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
• SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)

Old <-> New Code Mapping

• CrPC §339 — Delivery of person of unsound mind to care of relative or friend