Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 378
Code: 378
Explanation:
This section deals with the release of a person detained under sections 369 or 374 (relating to mental illness and incapable of making a defence) to the care of a relative or friend.
It states that the State Government, upon application and security provided by the relative/friend, can order the release of the detained person. The conditions for release include:
- Proper care and prevention of self-harm or harm to others.
- Production for inspection by a designated officer at specified times and places.
- Production before the Magistrate or Court when required, if the person is detained under section 369 (2).
If the released person is accused of an offence and the trial has been postponed due to their mental state, the inspecting officer can certify their capability to defend themselves. Upon such certification, the relative/friend is required to produce the accused before the Magistrate or Court. The proceedings then proceed according to Section 371, and the officer’s certificate becomes admissible as evidence.
Illustration:
A person named Ram is detained under section 369 due to mental illness. His brother, Shyam, applies to the State Government for Ram’s release. Shyam provides the required security and assures proper care. The State Government, satisfied with the arrangements, orders Ram’s release into Shyam’s custody. Ram is subsequently accused of theft, and the trial is postponed due to his mental state. The inspecting officer certifies that Ram is now capable of defending himself. Shyam is then required to produce Ram before the Magistrate or Court, and the trial proceeds accordingly.
Common Questions and Answers:
- Q: Who can apply for the release of a detained person?
A: A relative or friend of the detained person can apply. - Q: What security is required for release?
A: The State Government determines the required security to ensure proper care and compliance with the conditions of release. - Q: What happens if the released person is accused of an offence?
A: If the trial has been postponed due to their mental state, the inspecting officer can certify their capability to defend themselves. The relative/friend is then required to produce the accused before the Magistrate or Court, and the trial proceeds accordingly.
