BNSS Section 371: Procedure on accused appearing before Magistrate or Court
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter 27: Provisions as to Accused Persons of Unsound Mind
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371.
(1) If, when the accused appears or is again brought before the Magistrate or Court, as the case may be, the Magistrate or Court considers him capable of making his defence, the inquiry or trial shall proceed.
(2) If the Magistrate or Court considers the accused to be still incapable of making his defence, the Magistrate or Court shall act according to the provisions of section 367 or section 368, as the case may be, and if the accused is found to be of unsound mind and consequently incapable of making his defence, shall deal with such accused in accordance with the provisions of section 369.
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
- 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
- 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