Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 370
Code: Section 370 of the Bharatiya Nagarik Suraksha Sanhita (BNSS)
Explanation: This section deals with the resumption of inquiry or trial in cases where the accused was previously declared unfit to stand trial due to mental illness.
- Subsection (1): If an inquiry or trial is postponed under Section 367 (regarding the accused being unfit to stand trial due to mental illness) or Section 368 (regarding the accused’s temporary incapacity), the Magistrate or Court can resume the proceedings once the accused recovers from their mental illness. The accused will be required to appear before the Magistrate or Court.
- Subsection (2): If the accused was released under Section 369 (release on surety due to temporary mental illness), and the sureties bring them before the designated officer, the officer’s certificate stating the accused’s ability to participate in their defense will be admissible as evidence.
Illustration: Imagine a person is charged with theft, but they are found to be suffering from severe depression and deemed unfit to stand trial. The trial is postponed under Section 367. After receiving treatment, the person recovers. The Magistrate can now resume the trial under Section 370, requiring the accused to appear in court.
Common Questions and Answers
Q: What happens if the accused refuses to appear for the resumed trial?
A: The Magistrate or Court has the authority to issue a warrant for the accused’s arrest.
Q: Is the accused entitled to any legal representation during the resumed trial?
A: Yes, the accused has the right to legal representation, just like in any other trial.
