Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 357
Code: Section 357 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2020
Explanation:
This section deals with the trial of an accused who, while not having a mental illness, lacks the mental capacity to understand the court proceedings. It outlines the procedure to be followed in such cases:
- Court Proceedings: The court can still proceed with the inquiry or trial despite the accused’s inability to understand the proceedings.
- Conviction in Lower Courts: If a court other than a High Court convicts the accused, the proceedings, along with a report detailing the circumstances of the case, must be forwarded to the High Court.
- High Court’s Order: The High Court, after reviewing the case, has the authority to pass any order it deems appropriate. This might include setting aside the conviction, ordering a new trial, or issuing any other suitable order.
Illustration:
Imagine an accused person who, due to severe cognitive impairment, cannot grasp the nature of the charges against them or the legal proceedings taking place. Even though the person does not have a mental illness, their lack of understanding makes it challenging to conduct a fair trial. In such a situation, Section 357 allows the court to proceed with the trial while acknowledging the accused’s mental limitations. If a conviction is reached in a lower court, the case is referred to the High Court for final determination, taking into account the special circumstances.
Common Questions and Answers:
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Q: What happens if the accused is found to have a mental illness?
A: If the accused is diagnosed with a mental illness, different procedures under the BNSS will apply. The court may order a psychiatric examination and consider options like acquittal, referral for treatment, or other appropriate measures. -
Q: How does the High Court determine the appropriate order?
A: The High Court will consider factors like the nature of the accused’s impairment, the extent to which they were able to participate in the proceedings, and the fairness of the trial. It will aim to ensure that justice is served while taking into account the accused’s limited understanding. -
Q: Can the accused appeal against the High Court’s order?
A: Yes, the accused or the prosecution can appeal against the High Court’s order to the Supreme Court, the highest court in India.
