Bharatiya Nagarik Suraksha Sanhita

Section 376

Procedure where prisoner of unsound mind is reported capable of making his defence

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⚡ Quick Answer Reference: Section 376 BNSS

Provision: Section 376 of BNSS
Act: Bharatiya Nagarik Suraksha Sanhita
Classification: PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND
Jurisdiction: India
Summary: This section explains the procedure when a prisoner previously deemed of unsound mind is now considered capable of defending themselves in court.

Statutory Content

What does Section 376 of BNSS say?

If a person is detained under the provisions of sub-section (2) of section 369, and in the case of a person detained in a jail, the Inspector-General of Prisons, or, in the case of a person detained in a public mental health establishment, the Mental Health Review Board constituted under the Mental Healthcare Act, 2017 (10 of 2017), shall certify that, in his or their opinion, such person is capable of making his defence, he shall be taken before the Magistrate or Court, as the case may be, at such time as the Magistrate or Court appoints, and the Magistrate or Court shall deal with such person under the provisions of section 371; and the certificate of such Inspector-General or visitors as aforesaid shall be receivable as evidence.

Indian StandardSection 376, Bharatiya Nagarik Suraksha Sanhita

Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 376 (India)

Court Pleading StandardSection 376 of the Bharatiya Nagarik Suraksha Sanhita

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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 376 of BNSS mean?

Plain English Explanation

This section explains the procedure when a prisoner previously deemed of unsound mind is now considered capable of defending themselves in court.

Practical Interpretation

In practice, this involves the Inspector-General of Prisons or the Mental Health Review Board certifying the prisoner's capability, leading to a court hearing under section 371.

Core Legal Purpose

The core purpose is to ensure that individuals who were previously unfit to stand trial due to mental health issues are reassessed and, if capable, are brought to justice in a fair and legal manner.

Key Legal Elements

•The prisoner must have been detained under sub-section (2) of section 369.
•A certification by the Inspector-General of Prisons or the Mental Health Review Board is required.
•The key legal test is the prisoner's capability to make their defence.
•There is no explicit exception mentioned in this section, but it implies that the prisoner's mental health status must have changed.

Practical Example

Practical Example of Section 376 BNSS

Rajesh, a prisoner in a jail, was initially deemed of unsound mind and detained under section 369. After a period of treatment, the Inspector-General of Prisons certifies that Rajesh is now capable of making his defence. Following this certification, Rajesh is taken before the Magistrate, who then proceeds under the provisions of section 371 to deal with his case.

Common Questions (FAQ)

Frequently Asked Questions about Section 376 BNSS

Q: What is the punishment or consequence under Section 376 of BNSS?

This section is a procedural provision and does not prescribe a penal punishment. It outlines the steps to be taken when a prisoner is deemed capable of making their defence.

Q: Does this section apply to private individuals or public entities?

This section applies to prisoners detained in jails or public mental health establishments, implying its application is more relevant to public entities and individuals within the criminal justice system.

Q: Is an offence under this section bailable or cognizable?

This section does not deal with the classification of offences as bailable or cognizable. It is focused on the procedural aspects related to prisoners of unsound mind.

Common Questions about Section 376 BNSS

What is Section 376 of BNSS?

Section 376 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Procedure where prisoner of unsound mind is reported capable of making his defence". In plain terms: This section explains the procedure when a prisoner previously deemed of unsound mind is now considered capable of defending themselves in court.

What is the punishment under Section 376 of BNSS?

Section 376 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 376 of BNSS bailable or non-bailable?

Section 376 of BNSS is generally a Non-Bailable offence under Indian criminal procedure.

What are the elements of Section 376 of BNSS?

The essential elements of Section 376 of BNSS are: The prisoner must have been detained under sub-section (2) of section 369.; A certification by the Inspector-General of Prisons or the Mental Health Review Board is required.; The key legal test is the prisoner's capability to make their defence..

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