Section 370 BNSS: Resumption of inquiry or trial (Formerly Section 331 CrPC)

Section 370 of Bharatiya Nagarik Suraksha Sanhita, 2023: Resumption of inquiry or trial

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) Whenever an inquiry or a trial is postponed under section 367 or section 368, the Magistrate or Court, as the case may be, may at any time after the person concerned has ceased to be of unsound mind, resume the inquiry or trial and require the accused to appear or be brought before such Magistrate or Court.

(2) When the accused has been released under section 369, and the sureties for his appearance produce him to the officer whom the Magistrate or Court appoints in this behalf, the certificate of such officer that the accused is capable of making his defence shall be receivable in evidence.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 370

Section 370 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 331 of the CrPC, 1973) empowers the Court to resume an inquiry or trial that had been postponed under Section 367 or 368 once the accused has regained mental fitness.

Resumption Trigger: Whenever an inquiry or trial is postponed, the Court may at any time after the person concerned has ceased to be of unsound mind resume the inquiry or trial.
Re-appearance / Production: The Court may require the accused to appear or be brought before the Court.
Certificate of Fitness: Resumption is typically initiated upon receipt of a medical fitness certificate from the superintendent of the psychiatric facility.

Key Landmark Precedents:

State of Maharashtra v. Sindhi, (1975) 1 SCC 347: Held that resumption of proceedings must be preceded by judicial satisfaction that the accused has regained cognitive capacity to understand the trial.
Veena Sethi v. State of Bihar, (1982) 2 SCC 583: Reiterated that periodic medical reviews are mandatory to ensure that recovered patients are not forgotten in custodial asylum.

Courtroom Practice & Strategic Litigation Guidance:

Upon receiving notice of trial resumption under Section 370, verify the medical fitness report and examine the treating psychiatrist to confirm whether the client is in active remission and competent to instruct counsel.