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Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 374
Code: Section 374 of the Bharatiya Nagarik Suraksha Sanhita (BNSS)
Explanation: This section deals with the legal consequences when an accused person is found to have committed an act that would have constituted an offence but for their incapacity. Incapacity refers to a mental or physical condition that renders the accused incapable of understanding the nature of their actions or controlling their conduct.
Sub-section (1): If the court finds that the accused committed the alleged act, but due to their incapacity it does not amount to an offence, the court has two options:
- (a) Detention in Safe Custody: The accused can be detained in a safe place, determined by the court, to ensure their safety and prevent them from harming themselves or others.
- (b) Delivery to Relative or Friend: The court can order the release of the accused to a relative or friend, who must provide security to ensure the accused’s well-being and compliance with court orders.
Sub-section (2): Detention in a public mental health establishment under sub-section (1)(a) can only be ordered following the procedures laid out in the Mental Healthcare Act, 2017.
Sub-section (3): Before releasing the accused to a relative or friend under sub-section (1)(b), the relative or friend must apply to the court and provide security that they will:
- (a) Properly care for the accused and prevent them from harming themselves or others.
- (b) Produce the accused for inspection by the designated officer, as directed by the State Government.
Sub-section (4): The Magistrate or Court is required to report to the State Government about the action taken under sub-section (1).
Illustration:
A person with a severe mental illness is accused of assault. The court, after considering evidence and expert opinions, determines that the accused committed the assault but was incapable of understanding the wrongfulness of their actions due to their mental illness. In this case, the court may order the accused’s detention in a safe place under sub-section (1)(a), following the procedures outlined in the Mental Healthcare Act, 2017. Alternatively, if the accused has a supportive family, the court may release them to their family under sub-section (1)(b) after the family provides the necessary security.
Common Questions and Answers:
Q: What is the purpose of Section 374?
A: Section 374 aims to balance the need for public safety with the rights and well-being of individuals who are incapable of understanding the consequences of their actions due to mental or physical conditions.
Q: Who decides whether the accused person is incapable of understanding the nature of their actions?
A: The Magistrate or Court, based on evidence presented by the prosecution and defense, and potentially expert opinions, decides on the accused’s capacity.
Q: What happens if the accused person escapes from the safe custody or fails to comply with the security conditions?
A: The court can take further action, including re-arresting the accused, ordering stricter security measures, or modifying the detention arrangements.
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