What Is BNSS Section 377?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 377: Procedure Where Person with Mental Illness Detained is Declared Fit to be Released

(1) If a person with mental illness is detained under the provisions of sub-section (2) of section 369, or section 374, and such Inspector-General or visitors shall certify that, in his or their judgment, he may be released without danger of his doing injury to himself or to any other person, the State Government may thereupon order him to be released, or to be detained in custody, or to be transferred to a public mental health establishment if he has not been already sent to such establishment; and, in case it orders him to be transferred to public mental health establishment, may appoint a Commission, consisting of a Judicial and two medical officers.

(2) Such Commission shall make a formal inquiry into the state of mind of such person, take such evidence as is necessary, and shall report to the State Government, which may order his release or detention as it thinks fit.

Brief Detail

Section 377 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the procedure for releasing individuals with mental illness who have been detained. It provides a framework for certification by the Inspector-General or authorized visitors and establishes the role of a Commission to assess the individual's mental state if necessary.

Question & Answers

Q1: What does Section 377 address?

A1: It addresses the procedure for declaring a detained person with mental illness fit for release.

Q2: Who certifies that the detained person can be released?

A2: The Inspector-General or authorized visitors certify the person's fitness for release.

Q3: What options does the State Government have regarding the detained individual?

A3: The State Government may order the person's release, detention in custody, or transfer to a public mental health establishment.

Q4: What happens if the individual is to be transferred to a mental health establishment?

A4: A Commission consisting of a Judicial officer and two medical officers may be appointed to assess the individual's mental state.

Q5: What is the role of the Commission?

A5: The Commission conducts a formal inquiry into the person's mental state, takes necessary evidence, and reports back to the State Government.

Example

- Example 1: A person detained under section 374 is evaluated by the Inspector-General, who certifies that he can be safely released. The State Government then orders his release.

- Example 2: If the State Government decides to transfer a mentally ill individual to a public mental health establishment, a Commission is formed to assess the individual’s mental health before the transfer.

Summary

Section 377 of the Bharatiya Nagarik Suraksha Sanhita, 2023, establishes the process for determining if a detained individual with mental illness can be safely released. It includes the roles of certification by authorities and the formation of a Commission for formal inquiries, ultimately allowing the State Government to make informed decisions regarding the individual’s release or continued detention.