Person acquitted on ground of unsoundness of mind to be detained in safe custody.
What this section does
Where the finding states that the accused committed the act but was incapable due to unsoundness of mind, the Magistrate or Court may order detention in safe custody or delivery to a relative or friend on sufficient security. Detention in a public mental health establishment must comply with rules under the Mental Healthcare Act, 2017, and delivery to a relative or friend requires their application and security. The Magistrate or Court must report the action taken to the State Government.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Procedure at a glance
- Key actors
- Magistrate · Court · State Government · Relative or friend of accused
Derived from CrPC s.332.
Read the official text
For the binding statutory text of BNSS Section 374, refer to the Gazette of India or the India Code official website.
Why this matters
BNSS Section 374 forms part of Bharatiya Nagarik Suraksha Sanhita which replaced the Code of Criminal Procedure 1973 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.