BNSS Section 357: Procedure where accused does not understand proceedings
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter 26: General Provisions as to Inquiries and Trials
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357. If the accused, though not a person of unsound mind, cannot be made to understand the proceedings, the Court may proceed with the inquiry or trial; and, in the case of a Court other than a High Court, if such proceedings result in a conviction, the proceedings shall be forwarded to the High Court with a report of the circumstances of the case, and the High Court shall pass thereon such order as it thinks fit.
Bare act text for reference, current to 1 July 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 337. Person once convicted or acquitted not to be tried for same offence
- 338. Appearance by Public Prosecutors
- 339. Permission to conduct prosecution
- 340. Right of person against whom proceedings are instituted to be defended
- 341. Legal aid to accused at State expense in certain cases
- 342. Procedure when corporation or registered society is an accused
- 343. Tender of pardon to accomplice
- 344. Power to direct tender of pardon
- 345. Trial of person not complying with conditions of pardon
- 346. Power to postpone or adjourn proceedings
- 347. Local inspection
- 348. Power to summon material witness, or examine person present
- 349. Power of Magistrate to order person to give specimen signatures or handwriting, etc
- 350. Expenses of complainants and witnesses
- 351. Power to examine accused
- 352. Oral arguments and memorandum of arguments
- 353. Accused person to be competent witness
- 354. No influence to be used to induce disclosure
- 355. Provision for inquiries and trial being held in absence of accused in certain cases
- 356. Inquiry, trial or judgment in absentia of proclaimed offender
- 358. Power to proceed against other persons appearing to be guilty of offence
- 359. Compounding of offences
- 360. Withdrawal from prosecution
- 361. Procedure in cases which Magistrate cannot dispose of
- 362. Procedure when after commencement of inquiry or trial, Magistrate finds case should be committed
- 363. Trial of persons previously convicted of offences against coinage, stamp-law or property
- 364. Procedure when Magistrate cannot pass sentence sufficiently severe
- 365. Conviction or commitment on evidence partly recorded by one Magistrate and partly by another
- 366. Court to be open