What Is BNSS Section 369?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 369: Release of person with mental illness pending investigation or trial

(1) Whenever a person is found under section 367 or section 368 to be incapable of entering defence by reason of mental illness, the Magistrate or Court, as the case may be, shall, whether the case is one in which bail may be taken or not, order the release of such person on bail: Provided that the accused is suffering from mental illness which does not mandate in-patient treatment and a friend or relative undertakes to obtain regular out-patient psychiatric treatment from the nearest medical facility and to prevent them from doing injury to themselves or to any other person.

(2) If the case is one in which, in the opinion of the Magistrate or Court, as the case may be, bail cannot be granted or if an appropriate undertaking is not given, he or it shall order the accused to be kept in such a place where regular psychiatric treatment can be provided, and shall report the action taken to the State Government: Provided that no order for the detention of the accused in a public mental health establishment shall be made otherwise than in accordance with such rules as the State Government may have made under the Mental Healthcare Act, 2017.

(3) Whenever a person is found under section 367 or section 368 to be incapable of entering defence by reason of mental illness, the Magistrate or Court, as the case may be, shall, keeping in view the nature of the act committed and the extent of mental illness, further determine if the release of the accused can be ordered: Provided that— (a) if on the basis of medical opinion or the opinion of a specialist, the Magistrate or Court, as the case may be, decides to order the discharge of the accused, as provided under section 367 or section 368, such release may be ordered, if sufficient security is given that the accused shall be prevented from doing injury to themselves or to any other person; (b) if the Magistrate or Court, as the case may be, is of the opinion that discharge of the accused cannot be ordered, the transfer of the accused to a residential facility for persons with mental illness may be ordered wherein the accused may be provided care and appropriate education and training.

Brefe Detail

Section 369 of the Bharatiya Nagarik Suraksha Sanhita, 2023 outlines the procedure for the release of individuals found incapable of defending themselves due to mental illness during investigation or trial. Key points include:

• The Magistrate or Court can order the release of such individuals on bail if their mental illness does not require in-patient treatment, provided that a relative ensures outpatient psychiatric care.
• If bail cannot be granted, the individual may be placed in a facility that provides psychiatric treatment, with oversight from the State Government.
• The decision to release or detain is based on the nature of the act committed and the extent of mental illness, with provisions for securing the individual’s safety and the safety of others.

Question & Answers

What does Section 369 address?

It addresses the release of individuals with mental illness who are incapable of entering a defense during investigation or trial.

Under what condition can a person be released on bail?

A person can be released on bail if their mental illness does not require in-patient treatment and a friend or relative ensures regular outpatient psychiatric care.

What happens if bail cannot be granted?

If bail cannot be granted, the individual may be ordered to a facility that provides regular psychiatric treatment, and the action will be reported to the State Government.

What must the Magistrate or Court consider when determining release?

They must consider the nature of the act committed and the extent of the mental illness before determining if release can be ordered.

What if the Magistrate or Court decides not to discharge the accused?

If discharge is not ordered, the accused may be transferred to a residential facility for mental illness, where they will receive care and training.

Example

- Scenario: An individual is charged with a non-violent crime but is found to have a mental illness that does not require hospitalization.
Action: The Magistrate grants bail, requiring a relative to ensure they receive outpatient care.

- Scenario: During the trial, the accused's mental condition deteriorates, making them incapable of defending themselves.
Action: The Court orders the individual to be placed in a psychiatric facility for proper treatment and monitoring.

Summary

Section 369 provides a framework for the humane treatment of individuals with mental illness in the legal system. It ensures that individuals incapable of defending themselves are either released under specific conditions or provided with appropriate care in a facility, prioritizing their mental health and safety. The section balances legal obligations with compassion for those facing mental health challenges.