The State Government may empower the officer in charge of the jail in which a person is confined under the provisions of section 369 or section 374 to discharge all or any of the functions of the Inspector-General of Prisons under section 376 or section 377.
Bharatiya Nagarik Suraksha Sanhita
Section 375
Power of State Government to empower officer in charge to discharge
Englishहिंदी
⚡ Quick Answer Reference: Section 375 BNSS
- Provision: Section 375 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND
- Jurisdiction: India
- Summary: The State Government can give the officer in charge of a jail the power to perform some or all of the duties of the Inspector-General of Prisons for people confined under certain sections.
Statutory Content
What does Section 375 of BNSS say?
Indian StandardSection 375, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 375 (India)
Court Pleading StandardSection 375 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/375
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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 375 of BNSS mean?
Plain English Explanation
The State Government can give the officer in charge of a jail the power to perform some or all of the duties of the Inspector-General of Prisons for people confined under certain sections.
Practical Interpretation
In practice, this section allows for delegation of authority to manage jail operations efficiently, ensuring that the officer in charge can handle responsibilities that would otherwise fall under the Inspector-General of Prisons.
Core Legal Purpose
The core purpose is to provide flexibility in the management of prisons by allowing the State Government to delegate specific powers to the officer in charge, facilitating smoother operations and decision-making within the prison system.
Key Legal Elements
- •The person must be confined under the provisions of section 369 or section 374.
- •The State Government must empower the officer in charge of the jail.
- •The key legal test is whether the State Government has formally empowered the officer.
- •A key limitation is that the empowerment is limited to the functions under section 376 or section 377.
Practical Example
Practical Example of Section 375 BNSS
For instance, if Rajesh is confined in a jail under section 369, the State Government can empower the officer in charge, Amit, to discharge the functions of the Inspector-General of Prisons under section 376, allowing Amit to make decisions regarding Rajesh's confinement without needing to consult the Inspector-General for every matter.
Common Questions (FAQ)
Frequently Asked Questions about Section 375 BNSS
Q: What is the punishment or consequence under Section 375 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 the State Government and public entities, specifically the officer in charge of a jail and the Inspector-General of Prisons.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with offences, so it is neither bailable nor cognizable; it is a procedural provision regarding the delegation of authority.
People Also Ask (PAA)
Common Questions about Section 375 BNSS
What is Section 375 of BNSS?
Section 375 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Power of State Government to empower officer in charge to discharge". In plain terms: The State Government can give the officer in charge of a jail the power to perform some or all of the duties of the Inspector-General of Prisons for people confined under certain sections.
What is the punishment under Section 375 of BNSS?
Section 375 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 375 of BNSS bailable or non-bailable?
Whether Section 375 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 375 of BNSS?
The essential elements of Section 375 of BNSS are: The person must be confined under the provisions of section 369 or section 374.; The State Government must empower the officer in charge of the jail.; The key legal test is whether the State Government has formally empowered the officer..
Landmark Case Laws
Landmark Judgments under Section 375 BNSS
Patnahcucisdb94 High Court (10 8)
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