If the accused, though not a person of unsound mind, cannot be made to understand the proceedings, the Court may proceed with the inquiry or trial; and, in the case of a Court other than a High Court, if such proceedings result in a conviction, the proceedings shall be forwarded to the High Court with a report of the circumstances of the case, and the High Court shall pass thereon such order as it thinks fit.
Bharatiya Nagarik Suraksha Sanhita
Section 357
Procedure where accused does not understand proceedings
Englishहिंदी
⚡ Quick Answer Reference: Section 357 BNSS
- Provision: Section 357 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
- Jurisdiction: India
- Summary: If an accused person cannot understand the court proceedings, the court can still continue with the inquiry or trial. However, if the court is not a High Court, it must send the case to the High Court with a report of the circumstances. The High Court will then decide what to do next.
Statutory Content
What does Section 357 of BNSS say?
Indian StandardSection 357, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 357 (India)
Court Pleading StandardSection 357 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/357
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✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).
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Section Meaning & Purpose
What does Section 357 of BNSS mean?
Plain English Explanation
If an accused person cannot understand the court proceedings, the court can still continue with the inquiry or trial. However, if the court is not a High Court, it must send the case to the High Court with a report of the circumstances. The High Court will then decide what to do next.
Practical Interpretation
In practice, this section allows courts to proceed with trials where the accused may have a disability or language barrier. However, the court must ensure that the accused's rights are protected and that they are not prejudiced by their inability to understand the proceedings.
Core Legal Purpose
The core purpose of this section is to ensure that the rights of the accused are protected while also allowing the court to proceed with the trial. It aims to balance the need for justice with the need to protect the accused's rights.
Key Legal Elements
- •The accused must not be a person of unsound mind.
- •The accused must be unable to understand the proceedings despite reasonable efforts to make them understand.
- •The court must proceed with the inquiry or trial, but with certain conditions.
- •The court must send the case to the High Court if it is not a High Court and the accused is convicted.
Practical Example
Practical Example of Section 357 BNSS
Rajesh, a 30-year-old man with a learning disability, is accused of theft. During the trial, it becomes clear that Rajesh does not understand the proceedings. The court decides to proceed with the trial, but ensures that Rajesh's rights are protected. If the court is not a High Court, it sends the case to the High Court with a report of the circumstances. The High Court then decides what to do next.
Common Questions (FAQ)
Frequently Asked Questions about Section 357 BNSS
Q: What is the punishment or consequence under Section 357 of BNSS?
If the accused is convicted, the court may impose a sentence. However, the High Court may review the sentence and impose a different one if it is deemed necessary.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities. However, the specific circumstances of each case will determine whether the section applies.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not classify the offence as bailable or cognizable. However, the underlying offence may be bailable or cognizable depending on the circumstances.
People Also Ask (PAA)
Common Questions about Section 357 BNSS
What is Section 357 of BNSS?
Section 357 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Procedure where accused does not understand proceedings". In plain terms: If an accused person cannot understand the court proceedings, the court can still continue with the inquiry or trial. However, if the court is not a High Court, it must send the case to the High Court with a report of the circumstances. The High Court will then decide what to do next.
What is the punishment under Section 357 of BNSS?
Section 357 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 357 of BNSS bailable or non-bailable?
Whether Section 357 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 357 of BNSS?
The essential elements of Section 357 of BNSS are: The accused must not be a person of unsound mind.; The accused must be unable to understand the proceedings despite reasonable efforts to make them understand.; The court must proceed with the inquiry or trial, but with certain conditions..
Landmark Case Laws
Landmark Judgments under Section 357 BNSS
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
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