Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 377
Code: BNSS Section 377
Explanation:
This section deals with the release or continued detention of a person with mental illness who has been detained under certain provisions of the BNSS. It outlines the process for assessing the individual’s mental state and determining whether they pose a risk to themselves or others.
- Sub-section (1) states that if a person with mental illness is detained under Sections 369(2) or 374, the Inspector-General or visitors can certify whether the individual can be released without danger. If deemed safe, the State Government can order their release, continued detention, or transfer to a public mental health establishment. If transferred, a Commission composed of a Judicial Officer and two medical officers is appointed.
- Sub-section (2) details the responsibilities of the Commission. They must formally inquire into the person’s mental state, gather necessary evidence, and report their findings to the State Government. Based on the report, the government can decide to release or detain the individual.
Illustration:
Imagine a person named Ram, who is diagnosed with schizophrenia, is detained under Section 369(2) for threatening to harm himself. After a period of detention, the Inspector-General assesses that Ram’s condition has stabilized and he is no longer a danger to himself. However, Ram’s family expresses concerns about his ability to manage his medications and daily life independently. In this scenario, the State Government can order Ram to be transferred to a public mental health establishment for continued care and support.
Common Questions and Answers:
- Q: Who can certify that a detained person with mental illness can be released?
- A: The Inspector-General or visitors assigned under the BNSS.
- Q: What happens if the Commission finds that the person is still a danger?
- A: The State Government can decide to continue detaining the individual.
- Q: What rights does a person with mental illness have during this process?
- A: They have the right to legal representation and a fair hearing.
