What Is BNSS Section 376?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 376: Procedure Where Prisoner with Mental Illness is Reported Capable of Making His Defence

If a person with mental illness is detained under the provisions of sub-section (2) of section 369, and in the case of a person detained in a jail, the Inspector-General of Prisons, or, in the case of a person detained in a public mental health establishment, the Mental Health Review Board constituted under the Mental Healthcare Act, 2017, shall certify that, in his or their opinion, such person is capable of making his defence, he shall be taken before the Magistrate or Court, as the case may be, at such time as the Magistrate or Court appoints, and the Magistrate or Court shall deal with such person under the provisions of section 371; and the certificate of such Inspector-General or visitors as aforesaid shall be receivable as evidence.

Brief Detail

Section 376 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the procedure for assessing whether a prisoner with mental illness can make a defense. It specifies that a certification must be obtained from either the Inspector-General of Prisons or the Mental Health Review Board, which must confirm the individual’s capability before they are presented before the Magistrate or Court.

Question & Answers

Q1: What does Section 376 address?

A1: It addresses the procedure for assessing the capability of a prisoner with mental illness to make a defense.

Q2: Who certifies the capability of the person with mental illness?

A2: The Inspector-General of Prisons or the Mental Health Review Board certifies the capability.

Q3: What happens if the person is certified as capable of making a defense?

A3: The person is taken before the Magistrate or Court at a time appointed by them.

Q4: What section governs how the Magistrate or Court deals with the individual?

A4: The Magistrate or Court shall deal with the individual under the provisions of section 371.

Q5: Is the certification from the Inspector-General or Mental Health Review Board considered evidence?

A5: Yes, the certificate is receivable as evidence.

Example

- Example 1: A prisoner detained in a mental health establishment is evaluated by the Mental Health Review Board, which certifies that he is capable of making his defense. He is then brought before the Magistrate for further proceedings.

- Example 2: After the Inspector-General of Prisons assesses a mentally ill inmate and certifies his capability, the court schedules a hearing to address the inmate's case under section 371.

Summary

Section 376 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides a framework for evaluating the defense capabilities of prisoners with mental illness. It ensures that a qualified authority certifies the individual's ability to understand and engage in their defense before any judicial proceedings occur, thereby safeguarding their legal rights.