Whenever any person is acquitted upon the ground that, at the time at which he is alleged to have committed an offence, he was, by reason of unsoundness of mind, incapable of knowing the nature of the act alleged as constituting the offence, or that it was wrong or contrary to law, the finding shall state specifically whether he committed the act or not.
Bharatiya Nagarik Suraksha Sanhita
Section 373
Judgment of acquittal on ground of unsoundness of mind
Englishहिंदी
⚡ Quick Answer Reference: Section 373 BNSS
- Provision: Section 373 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND
- Jurisdiction: India
- Summary: This section states that if someone is found not guilty of a crime because they were mentally unstable at the time, the court must clearly say whether they actually did the act or not.
Statutory Content
What does Section 373 of BNSS say?
Indian StandardSection 373, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 373 (India)
Court Pleading StandardSection 373 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/373
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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 373 of BNSS mean?
Plain English Explanation
This section states that if someone is found not guilty of a crime because they were mentally unstable at the time, the court must clearly say whether they actually did the act or not.
Practical Interpretation
In practice, this means courts have to make a specific finding on whether the person committed the act, even if they're not held criminally responsible due to mental instability.
Core Legal Purpose
The purpose is to ensure clarity in the court's decision when mental instability is a factor, distinguishing between the act and the person's criminal responsibility.
Key Legal Elements
- •The person must be acquitted due to unsoundness of mind.
- •The unsoundness of mind must have made the person incapable of knowing the nature of the act or that it was wrong.
- •The key legal test is whether the person had the mental capacity to understand the act's nature or its wrongfulness.
- •A key exception is not explicitly stated, but the provision itself is an exception to the general rule of criminal liability.
Practical Example
Practical Example of Section 373 BNSS
Rajesh is accused of theft, but his defense argues he was mentally unstable at the time and didn't know stealing was wrong. If the court acquits Rajesh on these grounds, it must specifically state whether Rajesh actually committed the act of theft, even if he's not held criminally responsible.
Common Questions (FAQ)
Frequently Asked Questions about Section 373 BNSS
Q: What is the punishment or consequence under Section 373 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. It deals with the court's finding in cases of acquittal due to unsoundness of mind.
Q: Does this section apply to private individuals or public entities?
This section applies to any person who is alleged to have committed an offence and is acquitted on the grounds of unsoundness of mind.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with the bailability or cognizability of an offence. It pertains to the court's judgment in cases of acquittal due to mental instability.
People Also Ask (PAA)
Common Questions about Section 373 BNSS
What is Section 373 of BNSS?
Section 373 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Judgment of acquittal on ground of unsoundness of mind". In plain terms: This section states that if someone is found not guilty of a crime because they were mentally unstable at the time, the court must clearly say whether they actually did the act or not.
What is the punishment under Section 373 of BNSS?
Section 373 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 373 of BNSS bailable or non-bailable?
Whether Section 373 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 373 of BNSS?
The essential elements of Section 373 of BNSS are: The person must be acquitted due to unsoundness of mind.; The unsoundness of mind must have made the person incapable of knowing the nature of the act or that it was wrong.; The key legal test is whether the person had the mental capacity to understand the act's nature or its wrongfulness..
Landmark Case Laws
Landmark Judgments under Section 373 BNSS
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
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