BNSS · Bharatiya Nagarik Suraksha Sanhita, 2023
Section 376 — Procedure where prisoner of unsound mind is reported capable of making his defence.
Replaces CrPC Section 337.
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 (10 of 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.
Nearby sections
- 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.
- 379 Procedure in cases mentioned in section 215.
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