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.
Section 376 BNSS: Procedure where prisoner of unsound mind is reported capable of making his defence
- Corresponding CrPC
- Section 337 CrPC
Bare Act text
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
If a person detained under section 369(2) is certified by the Inspector-General of Prisons, or in the case of a public mental health establishment by the Mental Health Review Board under the Mental Healthcare Act, 2017, to be capable of making his defence, the person is taken before the Magistrate or Court as the section describes.
Chapter XXVII: Provisions As To Accused Persons Of Unsound Mind
- 367 Procedure in case of accused being person of unsound mind
- 368 Procedure in case of person of unsound mind tried before Court
- 369 Release of person of unsound mind pending investigation or trial
- 370 Resumption of inquiry or trial
- 371 Procedure on accused appearing before Magistrate or Court
- 372 When accused appears to have been of sound mind
- 373 Judgment of acquittal on ground of unsoundness of mind
- 374 Person acquitted on ground of unsoundness of mind to be detained in safe custody
- 375 Power of State Government to empower officer in charge to discharge
- 376 Procedure where prisoner of unsound mind is reported capable of making his defence
- 377 Procedure where person of unsound mind detained is declared fit to be released
- 378 Delivery of person of unsound mind to care of relative or friend