Procedure where prisoner of unsound mind is reported capable of making his defence.
What this section does
Where a person detained under section 369(2) is certified by the Inspector-General of Prisons (for jail detainees) or the Mental Health Review Board (for mental health establishment detainees) as capable of making their defence, they shall be brought before the Magistrate or Court, which shall then deal with them under section 371. Such certificate is receivable as evidence.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Procedure at a glance
- Key actors
- Inspector-General of Prisons · Mental Health Review Board · Magistrate · Court
Derived from CrPC s.334.
Read the official text
For the binding statutory text of BNSS Section 376, refer to the Gazette of India or the India Code official website.
Why this matters
BNSS Section 376 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.