What Is BNSS Section 372?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 372: When accused appears to have been of sound mind.

When the accused appears to be of sound mind at the time of inquiry or trial, and the Magistrate is satisfied from the evidence given before him that there is reason to believe that the accused committed an act, which, if he had not been having a mental illness, would have been an offence, and that he was, at the time when the act was committed, by reason of mental illness, incapable of knowing the nature of the act or that it was wrong or contrary to law, the Magistrate shall proceed with the case, and, if the accused ought to be tried by the Court of Session, commit him for trial before the Court of Session.

Brefe Detail

This section outlines the procedure to follow when an accused person appears to be of sound mind during inquiry or trial. If a Magistrate finds evidence suggesting the accused committed an act that would have been an offense if not for their mental illness, the case will proceed accordingly. The Magistrate will also determine if the case should be referred to the Court of Session for trial.

Question & Answers

Q: What happens if the accused appears to be of sound mind?

A: The Magistrate will proceed with the case and assess whether the accused should be tried by the Court of Session.

Q: What must the Magistrate be satisfied with?

A: The Magistrate must be satisfied from the evidence that there is reason to believe the accused committed an act that would be an offense without their mental illness.

Q: What does the Magistrate do if the accused was incapable of knowing the nature of the act?

A: The Magistrate will still proceed with the case but must commit the accused to the Court of Session if required.

Example

If a person commits theft but was suffering from a mental illness that impaired their understanding of the act, the Magistrate would assess their mental state and decide whether to proceed with the trial, potentially committing them to the Court of Session.

Summary

Section 372 addresses the situation where an accused appears to be of sound mind during legal proceedings. It provides a framework for the Magistrate to evaluate the evidence and determine the appropriate course of action, including the possibility of referring the case to a higher court for trial if necessary.