BNSS Section 372: When accused appears to have been of sound mind
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter 27: Provisions as to Accused Persons of Unsound Mind
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372. When the accused appears to be of sound mind at the time of inquiry or trial, and the Magistrate is satisfied from the evidence given before him that there is reason to believe that the accused committed an act, which, if he had been of sound mind, would have been an offence, and that he was, at the time when the act was committed, by reason of unsoundness of mind, incapable of knowing the nature of the act or that it was wrong or contrary to law, the Magistrate shall proceed with the case, and, if the accused ought to be tried by the Court of Session, commit him for trial before the Court of Session.
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
- 371. Procedure on accused appearing before Magistrate or Court
- 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