(1) Whenever a person if found under section 367 or section 368 to be incapable of entering defence by reason of unsoundness of mind or intellectual disability, the Magistrate or Court, as the case may be, shall, whether the case is one in which bail may be taken or not, order release of such person on bail: Provided that the accused is suffering from unsoundness of mind or intellectual disability which does not mandate in-patient treatment and a friend or relative undertakes to obtain regular out-patient psychiatric treatment from the nearest medical facility and to prevent from doing injury to himself or to any other person. (2) If the case is one in which, in the opinion of the Magistrate or Court, as the case may be, bail cannot be granted or if an appropriate undertaking is not given, he or it shall order the accused to be kept in such a place where regular psychiatric treatment can be provided, and shall report the action taken to the State Government: Provided that no order for the detention of the accused in a public mental health establishment shall be made otherwise than in accordance with such rules as the State Government may have made under the Mental Healthcare Act, 2017 (10 of 2017). (3) Whenever a person is found under section 367 or section 368 to be incapable of entering defence by reason of unsoundness of mind or intellectual disability, the Magistrate or Court, as the case may be, shall keeping in view the nature of the act committed and the extent of unsoundness of mind or intellectual disability, further determine if the release of the accused can be ordered: Provided that— (a) if on the basis of medical opinion or opinion of a specialist, the Magistrate or Court, as the case may be, decide to order discharge of the accused, as provided under section 367 or section 368, such release may be ordered, if sufficient security is given that the accused shall be prevented from doing injury to himself or to any other person; (b) if the Magistrate or Court, as the case may be, is of the opinion that discharge of the accused cannot be ordered, the transfer of the accused to a residential facility for persons with unsoundness of mind or intellectual disability may be ordered wherein the accused may be provided care and appropriate education and training.
Bharatiya Nagarik Suraksha Sanhita
Section 369
Release of person of unsound mind pending investigation or trial
⚡ Quick Answer Reference: Section 369 BNSS
- Provision: Section 369 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND
- Jurisdiction: India
- Summary: This section says that if someone is accused of a crime and is found to be mentally unstable or intellectually disabled, they can be released on bail if a friend or relative agrees to get them regular psychiatric treatment. If bail can't be granted or the relative doesn't agree, the person can be kept in a place where they can get treatment. The court will decide what's best for the person based on their condition and the nature of the crime.
What does Section 369 of BNSS say?
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What does Section 369 of BNSS mean?
Plain English Explanation
This section says that if someone is accused of a crime and is found to be mentally unstable or intellectually disabled, they can be released on bail if a friend or relative agrees to get them regular psychiatric treatment. If bail can't be granted or the relative doesn't agree, the person can be kept in a place where they can get treatment. The court will decide what's best for the person based on their condition and the nature of the crime.
Practical Interpretation
In real practice, this section means that the court will consider the accused's mental health and the nature of the crime when deciding whether to release them on bail or keep them in a treatment facility. The court will also consider whether the accused's friend or relative can provide the necessary support and treatment.
Core Legal Purpose
The core purpose of this section is to ensure that people with mental health issues or intellectual disabilities receive the necessary treatment and support while they're accused of a crime, without compromising public safety.
- •The accused must be found to be incapable of entering a defence by reason of unsoundness of mind or intellectual disability.
- •The accused must be suffering from unsoundness of mind or intellectual disability that does not require in-patient treatment.
- •The accused's friend or relative must agree to obtain regular out-patient psychiatric treatment for the accused.
- •The accused must not pose a risk to themselves or others.
Practical Example of Section 369 BNSS
Rajesh, a 30-year-old man, is accused of a minor crime. During the investigation, it's discovered that Rajesh has a mild intellectual disability. The court orders Rajesh to be released on bail, provided that his friend, Priya, agrees to take him to regular out-patient psychiatric sessions. Priya agrees, and Rajesh is released on bail. However, if Rajesh's condition worsens or he poses a risk to himself or others, the court can order him to be kept in a treatment facility.
Frequently Asked Questions about Section 369 BNSS
Q: What is the punishment or consequence under Section 369 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to private individuals who are accused of a crime and found to be mentally unstable or intellectually disabled.
Q: Is an offence under this section bailable or cognizable?
This section allows for bail, but the court's decision will depend on the individual circumstances of the case.
Common Questions about Section 369 BNSS
What is Section 369 of BNSS?
Section 369 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Release of person of unsound mind pending investigation or trial". In plain terms: This section says that if someone is accused of a crime and is found to be mentally unstable or intellectually disabled, they can be released on bail if a friend or relative agrees to get them regular psychiatric treatment. If bail can't be granted or the relative doesn't agree, the person can be kept in a place where they can get treatment. The court will decide what's best for the person based on their condition and the nature of the crime.
What is the punishment under Section 369 of BNSS?
Section 369 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 369 of BNSS bailable or non-bailable?
Whether Section 369 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 369 of BNSS?
The essential elements of Section 369 of BNSS are: The accused must be found to be incapable of entering a defence by reason of unsoundness of mind or intellectual disability.; The accused must be suffering from unsoundness of mind or intellectual disability that does not require in-patient treatment.; The accused's friend or relative must agree to obtain regular out-patient psychiatric treatment for the accused..
Landmark Judgments under Section 369 BNSS
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 369
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