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BNSS · Section 377 · Chapter XXVII — PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND

Procedure where person of unsound mind detained is declared fit to be released.

What this section does

If a person detained under section 369(2) or section 374 is certified by the Inspector-General or visitors as fit to be released without danger of injury to themselves or others, the State Government may order release, continued detention, or transfer to a public mental health establishment. In the last case, a Commission of one Judicial and two medical officers may be appointed to formally inquire into the person's state of mind and report to the State Government, which then orders release or detention.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Procedure at a glance

Key actors
Inspector-General of Prisons · State Government · Commission (Judicial and medical officers)
Old-law correspondence

Derived from CrPC s.335.

Read the official text

For the binding statutory text of BNSS Section 377, refer to the Gazette of India or the India Code official website.

Why this matters

BNSS Section 377 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.