(1) If, when the accused appears or is again brought before the Magistrate or Court, as the case may be, the Magistrate or Court considers him capable of making his defence, the inquiry or trial shall proceed. (2) If the Magistrate or Court considers the accused to be still incapable of making his defence, the Magistrate or Court shall act according to the provisions of section 367 or section 368, as the case may be, and if the accused is found to be of unsound mind and consequently incapable of making his defence, shall deal with such accused in accordance with the provisions of section 369.
Bharatiya Nagarik Suraksha Sanhita
Section 371
Procedure on accused appearing before Magistrate or Court
Englishहिंदी
⚡ Quick Answer Reference: Section 371 BNSS
- Provision: Section 371 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND
- Jurisdiction: India
- Summary: This section explains what happens when an accused person appears in court and is either capable or not capable of defending themselves.
Statutory Content
What does Section 371 of BNSS say?
Indian StandardSection 371, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 371 (India)
Court Pleading StandardSection 371 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/371
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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 371 of BNSS mean?
Plain English Explanation
This section explains what happens when an accused person appears in court and is either capable or not capable of defending themselves.
Practical Interpretation
In practice, this section guides magistrates and courts on how to proceed with a case when the accused's mental capacity to defend themselves is in question.
Core Legal Purpose
The core purpose is to ensure a fair trial by determining if the accused can understand and participate in their defense, and to follow specific procedures if they are found incapable.
Key Legal Elements
- •The accused must appear or be brought before the Magistrate or Court.
- •The Magistrate or Court must assess the accused's capability to make their defense.
- •The key legal test is the accused's capability to make their defense.
- •A key exception is if the accused is found to be of unsound mind and incapable of making their defense.
Practical Example
Practical Example of Section 371 BNSS
Rajesh is accused of a crime and appears before the Magistrate. The Magistrate assesses Rajesh's capability to defend himself and finds him capable. The inquiry or trial proceeds. However, if the Magistrate finds Rajesh incapable due to unsound mind, the Magistrate will deal with him according to the provisions of section 369.
Common Questions (FAQ)
Frequently Asked Questions about Section 371 BNSS
Q: What is the punishment or consequence under Section 371 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 accused individuals in a legal proceeding, regardless of their status as private individuals or public entities.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with the classification of an offence as bailable or cognizable, as it is a procedural provision related to the capability of the accused to make their defense.
People Also Ask (PAA)
Common Questions about Section 371 BNSS
What is Section 371 of BNSS?
Section 371 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Procedure on accused appearing before Magistrate or Court". In plain terms: This section explains what happens when an accused person appears in court and is either capable or not capable of defending themselves.
What is the punishment under Section 371 of BNSS?
Section 371 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 371 of BNSS bailable or non-bailable?
Whether Section 371 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 371 of BNSS?
The essential elements of Section 371 of BNSS are: The accused must appear or be brought before the Magistrate or Court.; The Magistrate or Court must assess the accused's capability to make their defense.; The key legal test is the accused's capability to make their defense..
Landmark Case Laws
Landmark Judgments under Section 371 BNSS
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