BNSS Section 377: Procedure where person of unsound mind detained is declared fit to be released
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter 27: Provisions as to Accused Persons of Unsound Mind
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377.
(1) If a person is detained under the provisions of sub-section (2) of section 369, or section 374, and such Inspector-General or visitors shall certify that, in his or their judgment, he may be released without danger of his doing injury to himself or to any other person, the State Government may thereupon order him to be released, or to be detained in custody, or to be transferred to a public mental health establishment if he has not been already sent to such establishment; and, in case it orders him to be transferred to a public mental health establishment, may appoint a Commission, consisting of a Judicial and two medical officers.
(2) Such Commission shall make a formal inquiry into the state of mind of such person, take such evidence as is necessary, and shall report to the State Government, which may order his release or detention 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
- 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
- 378. Delivery of person of unsound mind to care of relative or friend