What Is BNSS Section 378?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 378: Delivery of Person with Mental Illness to Care of Relative or Friend

(1) Whenever any relative or friend of any person detained under the provisions of section 369 or section 374 desires that he shall be delivered to his care and custody, the State Government may, upon the application of such relative or friend and on his giving security to the satisfaction of such State Government, that the person delivered shall—

• (a) be properly taken care of and prevented from doing injury to himself or to any other person;
• (b) be produced for the inspection of such officer, and at such times and places, as the State Government may direct;
• (c) in the case of a person detained under sub-section (2) of section 369, be produced when required before such Magistrate or Court,

order such person to be delivered to such relative or friend.

(2) If the person so delivered is accused of any offence, the trial of which has been postponed by reason of his being of mental illness and incapable of making his defence, and the inspecting officer referred to in clause (b) of sub-section (1), certifies at any time to the Magistrate or Court that such person is capable of making his defence, such Magistrate or Court shall call upon the relative or friend to whom such accused was delivered to produce him before the Magistrate or Court; and, upon such production the Magistrate or Court shall proceed in accordance with the provisions of section 371, and the certificate of the inspecting officer shall be receivable as evidence.

Brief Detail

Section 378 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the process for delivering a person with mental illness into the care of a relative or friend. It specifies the conditions under which such a transfer may occur, including the need for security to ensure the person's well-being and compliance with court directives. Additionally, if the delivered person has been accused of an offence but was previously unable to defend themselves due to mental illness, provisions are made for their return to court once they are deemed capable.

Question & Answers

What is the purpose of Section 378?

Section 378 allows for the delivery of a person with mental illness to a relative or friend, ensuring their care and custody.

Who can request the delivery of a detained person?

Any relative or friend of the detained person can apply for their delivery.

What conditions must be met for the delivery to occur?

The relative or friend must provide security to ensure the person will be properly cared for, not harm themselves or others, and be available for inspection and court appearances.

What happens if the delivered person was accused of an offence?

If the person is later deemed capable of making a defense, the court can require their production for trial.

Who certifies the capability of the accused to make a defense?

An inspecting officer certifies the capability of the accused to make a defense.

Example

- A family member of a person detained under Section 369 applies to the State Government for the person's delivery into their care, promising to ensure the individual's safety and compliance with court orders.

- If the person was previously unable to stand trial due to mental illness, and later an inspecting officer certifies their capability, the relative must present them in court for the trial to proceed.

Summary

Section 378 of the Bharatiya Nagarik Suraksha Sanhita, 2023, allows relatives or friends to request the transfer of a person with mental illness from detention to their care, under strict conditions aimed at ensuring safety and compliance with legal proceedings. If the person has been accused of a crime, they can be returned to court once they are deemed capable of defending themselves.