(1) Whenever the finding states that the accused person committed the act alleged, the Magistrate or Court before whom or which the trial has been held, shall, if such act would, but for the incapacity found, have constituted an offence,— (a) order such person to be detained in safe custody in such place and manner as the Magistrate or Court thinks fit; or (b) order such person to be delivered to any relative or friend of such person. (2) No order for the detention of the accused in a public mental health establishment shall be made under clause (a) of sub-section (1) otherwise than in accordance with such rules as the State Government may have made under the Mental Healthcare Act, 2017 (10 of 2017). (3) No order for the delivery of the accused to a relative or friend shall be made under clause (b) of sub- section (1) except upon the application of such relative or friend and on his giving security to the satisfaction of the Magistrate or Court that the person delivered shall— (a) be properly taken care of and prevented from doing injury to himself or to any other person; (b) be produced for the inspection of such officer, and at such times and places, as the State Government may direct. (4) The Magistrate or Court shall report to the State Government the action taken under sub-section (1).
Bharatiya Nagarik Suraksha Sanhita
Section 374
Person acquitted on ground of unsoundness of mind to be detained in safe custody
⚡ Quick Answer Reference: Section 374 BNSS
- Provision: Section 374 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND
- Jurisdiction: India
- Summary: This section explains what happens to someone who is found not guilty of a crime because they were mentally unsound at the time. The court can either keep them in a safe place or give them to a relative or friend.
What does Section 374 of BNSS say?
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What does Section 374 of BNSS mean?
Plain English Explanation
This section explains what happens to someone who is found not guilty of a crime because they were mentally unsound at the time. The court can either keep them in a safe place or give them to a relative or friend.
Practical Interpretation
In practice, this section means that the court has to decide what to do with someone who is not guilty due to mental illness. The court must consider the safety of the person and others when making this decision.
Core Legal Purpose
The main purpose of this section is to ensure the safety of both the person found not guilty due to mental illness and the public, while also providing care for the person.
- •The accused person must be found to have committed the act alleged but is not guilty due to mental illness.
- •The act alleged would have been an offence if the person were not mentally ill.
- •The key legal test is whether the person's mental illness makes them incapable of understanding the nature of their actions.
- •A key exception is that the court must follow specific rules when ordering detention in a public mental health establishment.
Practical Example of Section 374 BNSS
For example, if Rajesh is found not guilty of assaulting someone due to mental illness, the court might order him to be detained in a safe place, such as a mental health facility, to ensure he receives proper care and does not harm himself or others. Alternatively, the court might give him to his relative, Priya, if she applies and gives security that she will take care of him and prevent him from doing harm.
Frequently Asked Questions about Section 374 BNSS
Q: What is the consequence under Section 374 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. The consequence is that the person may be detained in a safe place or given to a relative or friend, depending on the court's decision.
Q: Does this section apply to private individuals or public entities?
This section applies to individuals who have been found not guilty of a crime due to mental illness, and the court's decision affects both the individual and their relatives or friends.
Q: Is an offence under this section bailable or cognizable?
This section is not about an offence, but rather about the procedure to be followed when someone is found not guilty due to mental illness. Therefore, it is neither bailable nor cognizable.
Common Questions about Section 374 BNSS
What is Section 374 of BNSS?
Section 374 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Person acquitted on ground of unsoundness of mind to be detained in safe custody". In plain terms: This section explains what happens to someone who is found not guilty of a crime because they were mentally unsound at the time. The court can either keep them in a safe place or give them to a relative or friend.
What is the punishment under Section 374 of BNSS?
Section 374 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 374 of BNSS bailable or non-bailable?
Whether Section 374 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 374 of BNSS?
The essential elements of Section 374 of BNSS are: The accused person must be found to have committed the act alleged but is not guilty due to mental illness.; The act alleged would have been an offence if the person were not mentally ill.; The key legal test is whether the person's mental illness makes them incapable of understanding the nature of their actions..
Landmark Judgments under Section 374 BNSS
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Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 374
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