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BNSS Section 367 – Mental Illness and Incapacity to Defend
Code: Bharatiya Nagarik Suraksha Sanhita (BNSS), Section 367
Explanation: This section deals with the situation where a person accused of a crime is suspected to have mental illness and, as a result, is incapable of defending themselves in court. It outlines the process for determining if the accused has a mental illness and how to proceed if they are found to be incapable of defending themselves.
Steps Involved:
- Suspicion of Mental Illness: If the Magistrate conducting an inquiry suspects the accused has mental illness, they must initiate an inquiry into the matter.
- Medical Examination: The Magistrate orders a medical examination by the district’s civil surgeon or another designated medical professional.
- Psychiatric Evaluation: If the civil surgeon finds the accused has a mental illness, they refer them to a psychiatrist or clinical psychologist for a more detailed assessment.
- Magistrate’s Determination: The Magistrate receives information from the psychiatrist or clinical psychologist regarding the accused’s mental illness. They then determine if the mental illness renders the accused incapable of defending themselves in court.
- Closure of Inquiry or Postponement: Depending on the Magistrate’s determination, the inquiry can be closed, or the proceedings can be postponed until the accused receives treatment.
Illustration:
A person is being investigated for theft. During the inquiry, the Magistrate observes that the accused exhibits unusual behavior and seems confused. Suspecting mental illness, the Magistrate orders a medical examination. The civil surgeon finds the accused has schizophrenia. The accused is then referred to a psychiatrist, who confirms the diagnosis. The Magistrate determines that the schizophrenia makes the accused incapable of understanding the charges against them or participating in their defense. Therefore, the Magistrate closes the inquiry and orders the accused to be dealt with under Section 369, which focuses on individuals with mental illness.
Common Questions and Answers:
Q: What happens if the accused disputes the psychiatrist’s findings?
A: The accused can appeal the psychiatrist’s findings to a Medical Board composed of a head of psychiatry unit and a faculty member in psychiatry. The Medical Board will re-evaluate the accused’s condition.
Q: Can the accused be treated while the inquiry is ongoing?
A: Yes, if the Magistrate finds a prima facie case against the accused, they can postpone the proceedings to allow for treatment as recommended by the psychiatrist or clinical psychologist. The accused will be dealt with under Section 369 during this time.
Q: What happens to the accused if they are found to be mentally ill but capable of defending themselves?
A: The inquiry will continue, and the accused will be expected to participate in their defense. However, the Magistrate may consider their mental illness when determining the sentence.
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