CrPC Section 328 in BNSS
CrPC Section 328 corresponds to BNSS Section 367 under the Bharatiya Nagarik Suraksha Sanhita, 2023.
| Old provision | Code of Criminal Procedure, 1973, Section 328 |
|---|---|
| New provision | 367 |
| New Act | Bharatiya Nagarik Suraksha Sanhita, 2023 |
| Mapping | Mapped |
BNSS Section 367 — Procedure in case of accused being person of unsound mind
Drafting note. “person of unsound mine” in the heading replaces “lunatic” Subsection (2) specifies about psychologist to be "of Government hospital or Government medical college" and "mental retardation" is replaced by "intellectual disability".
(1) When a Magistrate holding an inquiry has reason to believe that the person against whom the inquiry is being held is a person of unsound mind and consequently incapable of making his defence, the Magistrate shall inquire into the fact of such unsoundness of mind, and shall cause such person to be examined by the civil surgeon of the district or such other medical officer as the State Government may direct, and thereupon shall examine such surgeon or other medical officer as a witness, and shall reduce the examination to writing. (2) If the civil surgeon finds the accused to be a person of
Questions this page answers
What is CrPC 328 in BNSS?
CrPC Section 328 is BNSS Section 367 — Procedure in case of accused being person of unsound mind.
Has the provision changed?
“person of unsound mine” in the heading replaces “lunatic” Subsection (2) specifies about psychologist to be "of Government hospital or Government medical college" and "mental retardation" is replaced by "intellectual disability".
Which law applies to an offence today?
Offences committed on or after 1 July 2024 are dealt with under the Bharatiya Nagarik Suraksha Sanhita, 2023; earlier offences continue under the Code of Criminal Procedure, 1973.
Official data, Public source · as of 2026-07-05 · every row this page summarises carries its source, capture date and licence through the API.