(1) Whenever an inquiry or a trial is postponed under section 367 or section 368, the Magistrate or Court, as the case may be, may at any time after the person concerned has ceased to be of unsound mind, resume the inquiry or trial and require the accused to appear or be brought before such Magistrate or Court. (2) When the accused has been released under section 369, and the sureties for his appearance produce him to the officer whom the Magistrate or Court appoints in this behalf, the certificate of such officer that the accused is capable of making his defence shall be receivable in evidence.
Bharatiya Nagarik Suraksha Sanhita
Section 370
Resumption of inquiry or trial
Englishहिंदी
⚡ Quick Answer Reference: Section 370 BNSS
- Provision: Section 370 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND
- Jurisdiction: India
- Summary: This section allows a Magistrate or Court to resume an inquiry or trial that was postponed due to the accused being of unsound mind, once they are deemed capable of making their defense.
Statutory Content
What does Section 370 of BNSS say?
Indian StandardSection 370, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 370 (India)
Court Pleading StandardSection 370 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/370
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ 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 370 of BNSS mean?
Plain English Explanation
This section allows a Magistrate or Court to resume an inquiry or trial that was postponed due to the accused being of unsound mind, once they are deemed capable of making their defense.
Practical Interpretation
In practice, this section enables the legal process to continue when the accused's mental health improves, ensuring justice is served without undue delay.
Core Legal Purpose
The core purpose is to balance the rights of the accused with the need for a fair and timely trial, by providing a mechanism for resuming proceedings when the accused is mentally fit.
Key Legal Elements
- •The inquiry or trial must have been postponed under section 367 or 368.
- •The accused must have ceased to be of unsound mind.
- •The key legal test is the accused's capability to make their defense.
- •A key limitation is that the resumption is contingent upon the accused's improved mental state.
Practical Example
Practical Example of Section 370 BNSS
Rajesh was accused of a crime, but his trial was postponed under section 367 due to his unsound mental state. After treatment, Rajesh's doctor certified that he was capable of making his defense. The Magistrate then resumed the trial, requiring Rajesh to appear before the court. The sureties who had been responsible for Rajesh's appearance produced him to the appointed officer, who verified his capability to defend himself.
Common Questions (FAQ)
Frequently Asked Questions about Section 370 BNSS
Q: What is the punishment or consequence under Section 370 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 individuals who are accused in a criminal inquiry or trial.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with the classification of offences as bailable or cognizable, as it is focused on the resumption of inquiry or trial.
People Also Ask (PAA)
Common Questions about Section 370 BNSS
What is Section 370 of BNSS?
Section 370 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Resumption of inquiry or trial". In plain terms: This section allows a Magistrate or Court to resume an inquiry or trial that was postponed due to the accused being of unsound mind, once they are deemed capable of making their defense.
What is the punishment under Section 370 of BNSS?
Section 370 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 370 of BNSS bailable or non-bailable?
Whether Section 370 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 370 of BNSS?
The essential elements of Section 370 of BNSS are: The inquiry or trial must have been postponed under section 367 or 368.; The accused must have ceased to be of unsound mind.; The key legal test is the accused's capability to make their defense..
Landmark Case Laws
Landmark Judgments under Section 370 BNSS
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Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
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