Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 373: Judgment of Acquittal on Ground of Mental Illness
Whenever any person is acquitted upon the ground that, at the time at which he is alleged to have committed an offence, he was, by reason of mental illness, incapable of knowing the nature of the act alleged as constituting the offence, or that it was wrong or contrary to law, the finding shall state specifically whether he committed the act or not.
Brief Detail
Section 373 of the Bharatiya Nagarik Suraksha Sanhita, 2023, addresses the circumstances under which a person may be acquitted of an offence due to mental illness. It mandates that in cases of acquittal on these grounds, the judgment must clearly specify whether the individual committed the act in question.
Question & Answers
Q1: What does Section 373 address?
A1: It addresses the judgment of acquittal based on mental illness.
Q2: Under what condition can a person be acquitted?
A2: A person can be acquitted if, at the time of the alleged offence, they were incapable of knowing the nature of the act due to mental illness.
Q3: What must the finding state in cases of acquittal?
A3: The finding must specifically state whether the person committed the act or not.
Example
- Example 1: A defendant is acquitted of theft because it is determined that they were unable to understand the nature of their actions due to a severe mental illness at the time of the incident. The judgment explicitly states that the defendant did commit the act of theft but was not criminally responsible.
- Example 2: An individual is charged with assault but is found not guilty due to mental illness. The court’s ruling clarifies that while the individual did engage in the act of assault, they lacked the capacity to recognize it as wrong at the time.
Summary
Section 373 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides legal guidelines for acquittals based on mental illness, requiring that judgments clarify whether the act was committed, despite the defendant's incapacity to understand the nature of the act due to their mental state.
