(1) Whenever any relative or friend of any person detained under the provisions of section 369 or section 374 desires that he shall be delivered to his care and custody, the State Government may, upon the application of such relative or friend and on his giving security to the satisfaction of such State Government, 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; (c) in the case of a person detained under sub-section (2) of section 369, be produced when required before such Magistrate or Court, order such person to be delivered to such relative or friend. (2) If the person so delivered is accused of any offence, the trial of which has been postponed by reason of his being of unsound mind and incapable of making his defence, and the inspecting officer referred to in clause (b) of sub-section (1), certifies at any time to the Magistrate or Court that such person is capable of making his defence, such Magistrate or Court shall call upon the relative or friend to whom such accused was delivered to produce him before the Magistrate or Court; and, upon such production the Magistrate or Court shall proceed in accordance with the provisions of section 371, and the certificate of the inspecting officer shall be receivable as evidence.
Bharatiya Nagarik Suraksha Sanhita
Section 378
Delivery of person of unsound mind to care of relative or friend
⚡ Quick Answer Reference: Section 378 BNSS
- Provision: Section 378 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND
- Jurisdiction: India
- Summary: This section allows a relative or friend of someone who is being held because they are of unsound mind to ask the government to release them into their care. The person must give a guarantee that they will take care of the individual and prevent them from harming themselves or others.
What does Section 378 of BNSS say?
Embed this Section Card
Want to display this Section explanation card on your website? Copy and paste the HTML code below:
What does Section 378 of BNSS mean?
Plain English Explanation
This section allows a relative or friend of someone who is being held because they are of unsound mind to ask the government to release them into their care. The person must give a guarantee that they will take care of the individual and prevent them from harming themselves or others.
Practical Interpretation
In practice, this section is used when a person is being held under section 369 or 374 of the BNSS and their relative or friend wants to take care of them. The relative or friend must provide a guarantee that they will take care of the person and prevent them from harming themselves or others.
Core Legal Purpose
The core purpose of this section is to provide a mechanism for the release of a person who is being held because they are of unsound mind into the care of a relative or friend, while ensuring their safety and well-being.
- •The person must be detained under section 369 or 374 of the BNSS.
- •The relative or friend must apply to the State Government for the person's release.
- •The relative or friend must provide a guarantee that they will take care of the person and prevent them from harming themselves or others.
- •The person must be produced for inspection at times and places directed by the State Government.
Practical Example of Section 378 BNSS
Rajesh, the brother of a person named Amit who is being held under section 374 of the BNSS, wants to take care of him. Rajesh applies to the State Government and provides a guarantee that he will take care of Amit and prevent him from harming himself or others. The State Government agrees and releases Amit into Rajesh's care. However, if Amit is accused of an offence and the trial is postponed due to his unsound mind, the inspecting officer may certify that Amit is capable of making his defence. In this case, the Magistrate or Court may call upon Rajesh to produce Amit before them, and the trial will proceed accordingly.
Frequently Asked Questions about Section 378 BNSS
Q: What is the punishment or consequence under Section 378 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 private individuals, specifically relatives or friends of a person being held under section 369 or 374 of the BNSS.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not relate to criminal classification. However, if an offence is committed under this section, it may be bailable or cognizable depending on the circumstances.
Common Questions about Section 378 BNSS
What is Section 378 of BNSS?
Section 378 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Delivery of person of unsound mind to care of relative or friend". In plain terms: This section allows a relative or friend of someone who is being held because they are of unsound mind to ask the government to release them into their care. The person must give a guarantee that they will take care of the individual and prevent them from harming themselves or others.
What is the punishment under Section 378 of BNSS?
Section 378 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 378 of BNSS bailable or non-bailable?
Whether Section 378 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 378 of BNSS?
The essential elements of Section 378 of BNSS are: The person must be detained under section 369 or 374 of the BNSS.; The relative or friend must apply to the State Government for the person's release.; The relative or friend must provide a guarantee that they will take care of the person and prevent them from harming themselves or others..
Landmark Judgments under Section 378 BNSS
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 378
Ask Nyaya AI About Section 378
Select a pre-configured prompt to run this section through the grounded research engine.