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Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 369
Code: Section 369 of the Bharatiya Nagarik Suraksha Sanhita (BNSS)
Explanation: This section deals with the release or detention of an accused person who is found to be incapable of entering a defense due to mental illness. It lays out the procedure for handling such cases, emphasizing the need for appropriate psychiatric care and the protection of both the accused and society.
Illustration:
Imagine a person is arrested for a crime but is diagnosed with severe mental illness that prevents them from understanding the charges or assisting in their defense. Section 369 applies to this situation.
Sub-Sections:
- (1) If the accused is suffering from mental illness that does not require in-patient treatment, the Magistrate or Court can release them on bail. However, a friend or relative must commit to obtaining regular outpatient psychiatric treatment and ensuring the accused does not harm themselves or others.
- (2) If bail cannot be granted, or an appropriate undertaking is not provided, the accused may be detained in a place where regular psychiatric treatment can be provided. The State Government must be informed of this action. The detention must adhere to the rules established under the Mental Healthcare Act, 2017.
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(3) Based on the nature of the offense and the severity of the mental illness, the Magistrate or Court can determine if the accused should be released.
- (a) If medical opinion suggests discharge is suitable, it can be ordered, provided sufficient security is given to prevent the accused from harming themselves or others.
- (b) If discharge is not recommended, the accused may be transferred to a residential facility for persons with mental illness, where they receive care, education, and training.
Common Questions and Answers:
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Q: Can an accused person with mental illness be denied bail?
A: Yes, if the Magistrate or Court believes that bail cannot be granted or if an appropriate undertaking is not given. -
Q: What happens if the accused person refuses psychiatric treatment?
A: This is a complex issue. The court will likely consider the individual’s rights and their capacity to make informed decisions. In some cases, court-ordered treatment may be possible, but the specific legal framework for such situations may vary. -
Q: What are the rights of an accused person with mental illness?
A: The accused person has the right to be treated fairly and humanely, to have access to legal counsel, and to receive appropriate psychiatric care. -
Q: What if the accused person is found to be not guilty due to mental illness?
A: In such cases, the court may order the accused to be placed in a mental health facility for treatment and observation. The duration of their stay will depend on their individual needs and progress.
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