Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 368
Code: BNSS Section 368
Explanation: This section deals with the legal procedure to be followed when an accused person in a criminal trial is suspected of suffering from mental illness.
Sub-Section (1): This sub-section states that if a Magistrate or Court of Session suspects that an accused person is suffering from mental illness and unable to defend themselves, they must first determine the truth of this claim. They must consider medical and other evidence presented before them. If they are satisfied of the mental illness, they must record a finding and postpone further proceedings.
Sub-Section (2): If the Magistrate or Court finds the accused to be mentally ill, they must refer the accused to a psychiatrist or clinical psychologist for evaluation and treatment. The psychiatrist/psychologist must report back to the court on the accused’s mental health.
Sub-Section (3): If the court is informed of the accused’s mental illness, they must determine if the illness renders the accused incapable of defending themselves. If found incapable, the court will record a finding, examine the evidence presented by the prosecution, and hear the accused’s advocate. If no prima facie case is made out, the accused is discharged and dealt with under Section 369. However, if a prima facie case is made out, the trial is postponed until the accused receives treatment.
Sub-Section (4): If a prima facie case is established, but the accused remains incapable of defending themselves, the trial is not held, and the accused is dealt with under Section 369.
Illustration:
A person is charged with theft. During the trial, the Magistrate observes that the accused is behaving erratically and appears confused. The Magistrate suspects mental illness and orders a medical examination. The psychiatrist confirms the accused’s mental illness and reports to the court. The court then assesses the accused’s ability to defend themselves. If the accused is found incapable, the trial will be postponed until they receive treatment, and the final outcome will be determined based on their mental state and the evidence presented.
Common Questions and Answers:
- Q: What happens if the accused is found incapable of defending themselves due to mental illness?
A: The trial will be postponed until the accused receives treatment. The court will then determine how to proceed based on the accused’s mental state and the evidence presented.
- Q: Who makes the final decision about the accused’s mental state?
A: The Magistrate or Court of Session makes the final decision based on the evidence and the opinion of the psychiatrist or clinical psychologist.
- Q: What is the purpose of Section 369?
A: Section 369 deals with the treatment and rehabilitation of individuals found to be mentally ill and incapable of standing trial. It provides for their care and release under specific conditions.
