BNSS Section 376: Procedure where prisoner of unsound mind is reported capable of making his defence
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter 27: Provisions as to Accused Persons of Unsound Mind
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376. 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, 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.
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
- 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
- 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