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Thursday, 12 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XXVII: Provisions As To Accused Persons Of Unsound Mind

Section 370 BNSS: Resumption of inquiry or trial

Corresponding CrPC
Section 331 CrPC

Bare Act text

(1) Whenever an inquiry or a trial is postponed under section 367 or section 368, the Magistrate or Court, as the case may be, may at any time after the person concerned has ceased to be of unsound mind, resume the inquiry or trial and require the accused to appear or be brought before such Magistrate or Court.

(2) When the accused has been released under section 369, and the sureties for his appearance produce him to the officer whom the Magistrate or Court appoints in this behalf, the certificate of such officer that the accused is capable of making his defence shall be receivable in evidence.

Text as enacted in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

When an inquiry or trial is postponed under section 367 or 368, the Magistrate or Court may resume it once the person has ceased to be of unsound mind, and require him to appear or be brought. Sub-section (2) deals with an accused who was released under section 369 and the surety's role.

Chapter XXVII: Provisions As To Accused Persons Of Unsound Mind

  1. 367 Procedure in case of accused being person of unsound mind
  2. 368 Procedure in case of person of unsound mind tried before Court
  3. 369 Release of person of unsound mind pending investigation or trial
  4. 370 Resumption of inquiry or trial
  5. 371 Procedure on accused appearing before Magistrate or Court
  6. 372 When accused appears to have been of sound mind
  7. 373 Judgment of acquittal on ground of unsoundness of mind
  8. 374 Person acquitted on ground of unsoundness of mind to be detained in safe custody
  9. 375 Power of State Government to empower officer in charge to discharge
  10. 376 Procedure where prisoner of unsound mind is reported capable of making his defence
  11. 377 Procedure where person of unsound mind detained is declared fit to be released
  12. 378 Delivery of person of unsound mind to care of relative or friend