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BNSS · Section 378 · Chapter XXVII — PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND

Delivery of person of unsound mind to care of relative or friend.

What this section does

A relative or friend may apply to the State Government for custody of a person detained under section 369 or section 374, upon giving security for proper care, prevention of injury, production for inspection, and (where applicable) production before the Magistrate or Court. If the detained person is an accused whose trial was postponed due to unsoundness of mind and is later certified capable of making their defence, the relative or friend must produce them before the Magistrate or Court, which then proceeds under section 371.

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

Procedure at a glance

Key actors
State Government · Relative or friend · Inspecting officer · Magistrate · Court
Old-law correspondence

Derived from CrPC s.336.

Read the official text

For the binding statutory text of BNSS Section 378, refer to the Gazette of India or the India Code official website.

Why this matters

BNSS Section 378 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.