Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 371
Code: Section 371 of the Bharatiya Nagarik Suraksha Sanhita (BNSS)
Explanation: This section deals with the procedure to be followed when an accused person’s mental capacity to defend themselves is in question during a criminal trial. It outlines the steps a Magistrate or Court must take to determine if the accused can participate in their defense.
- Subsection (1): If the Magistrate or Court finds the accused capable of understanding the charges and defending themselves, the inquiry or trial will proceed as normal.
- Subsection (2): If the accused is deemed incapable of defending themselves due to mental illness, the Magistrate or Court will refer to either Section 367 or Section 368, depending on the stage of the proceedings. If it is confirmed that the accused is suffering from mental illness, Section 369 outlines the procedures for dealing with such individuals.
Illustration: Imagine a person is accused of theft. During the trial, they exhibit signs of confusion, disorientation, and difficulty understanding the proceedings. The Magistrate, concerned about their mental capacity, may order a medical examination to determine if they are capable of understanding the charges and defending themselves. If the medical report indicates a mental illness preventing them from participating in the trial, the Magistrate will follow the procedures outlined in Section 369.
Common Questions and Answers
-
Q: What happens if the accused is found to be mentally ill under Section 369?
A: Section 369 outlines procedures like sending the accused to a mental health institution for treatment or observation. The trial can be adjourned until the accused’s mental condition improves. -
Q: Who decides if the accused is capable of making their defense?
A: The Magistrate or Court, based on their observations and any medical evidence presented, has the authority to make this decision. -
Q: What are Sections 367 and 368 about?
A: Section 367 pertains to the suspension of the inquiry, while Section 368 deals with the suspension of the trial, both in cases where the accused’s mental health is a concern.
