Law4u - Made in India

What Is BNSS Section 357?

Answer By law4u team

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 357: Procedure Where Accused Does Not Understand Proceedings

If the accused, though not a person with mental illness, cannot be made to understand the proceedings, the Court may proceed with the inquiry or trial; and, in the case of a Court other than a High Court, if such proceedings result in a conviction, the proceedings shall be forwarded to the High Court with a report of the circumstances of the case, and the High Court shall pass thereon such order as it thinks fit.

Brefe Detail

Section 357 of the Bharatiya Nagarik Suraksha Sanhita, 2023 addresses situations where an accused individual cannot comprehend court proceedings, even if they do not have a mental illness. In such cases, the Court is permitted to continue with the trial or inquiry. If a conviction occurs in a lower court, the case is sent to the High Court, which will then determine the appropriate course of action based on the report provided.

Question & Answers

Q: What happens if the accused cannot understand the proceedings?

A: The Court may continue with the inquiry or trial even if the accused does not understand.

Q: Is the accused required to have a mental illness to not understand the proceedings?

A: No, the accused does not need to be a person with mental illness to be unable to understand the proceedings.

Q: What occurs if the trial results in a conviction in a lower court?

A: The proceedings must be forwarded to the High Court, along with a report of the case circumstances.

Q: What authority does the High Court have regarding the forwarded proceedings?

A: The High Court can pass any order it deems fit based on the circumstances of the case.

Example

  • An accused person appears in court but struggles to comprehend the legal terminology and procedures. The Court continues the trial despite this challenge.
  • After a conviction in a lower court, the case is submitted to the High Court, which reviews the circumstances and decides on further action.

Summary

Section 357 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides a framework for handling cases where an accused individual cannot understand court proceedings. It allows the Court to proceed with trials under these circumstances and mandates that any resulting convictions in lower courts be forwarded to the High Court for further review and appropriate orders.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Sunny Thakur

Advocate Sunny Thakur

Anticipatory Bail, Cheque Bounce, Civil, Consumer Court, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Motor Accident, R.T.I, Succession Certificate, GST, Tax, Supreme Court

Get Advice
Advocate M Nagaraj

Advocate M Nagaraj

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Banking & Finance, Breach of Contract, Child Custody, Civil, Bankruptcy & Insolvency, Consumer Court, Corporate, Court Marriage, Cheque Bounce, Criminal, Customs & Central Excise, Documentation, Divorce, Cyber Crime, GST, Family, Domestic Violence, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, Patent, Recovery, Property, R.T.I, Startup, RERA, NCLT, Succession Certificate, Tax, Wills Trusts, Trademark & Copyright, Revenue

Get Advice
Advocate Abdul Wasim Khan

Advocate Abdul Wasim Khan

Arbitration, Cheque Bounce, Civil, Court Marriage, Criminal, Divorce, Family, High Court, Media and Entertainment, Motor Accident, Supreme Court, Revenue, Banking & Finance, Consumer Court, Corporate, Domestic Violence

Get Advice
Advocate Gottumukkala Lakshmaiah

Advocate Gottumukkala Lakshmaiah

Anticipatory Bail, Bankruptcy & Insolvency, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Criminal, Divorce, Documentation, GST, Domestic Violence, Family, Landlord & Tenant, Media and Entertainment, Motor Accident, Medical Negligence, Muslim Law, Recovery, Property, Patent, RERA, Startup, Succession Certificate, Wills Trusts, Revenue

Get Advice
Advocate Amgoth Sambaiah Nayak

Advocate Amgoth Sambaiah Nayak

Domestic Violence,Divorce,Family,High Court,R.T.I,Property,Revenue,Criminal,Civil,Anticipatory Bail,

Get Advice
Advocate Prasant Pattnaik

Advocate Prasant Pattnaik

Family, Civil, Cheque Bounce, Muslim Law, Child Custody, Consumer Court, Criminal

Get Advice
Advocate Surendra Singh

Advocate Surendra Singh

Arbitration, Armed Forces Tribunal, Breach of Contract, Consumer Court, Cyber Crime, Divorce, Domestic Violence, NCLT, RERA, Supreme Court

Get Advice

Bharatiya Nagarik Suraksha Sanhita(BNSS) Related Questions

Discover clear and detailed answers to common questions about Bharatiya Nagarik Suraksha Sanhita(BNSS). Learn about procedures and more in straightforward language.