Section 371 BNSS: Procedure on accused appearing before Magistrate or Court (Formerly Section 332 CrPC)

Section 371 of Bharatiya Nagarik Suraksha Sanhita, 2023: Procedure on accused appearing before Magistrate or Court

Official Bare Act Text

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(1) If, when the accused appears or is again brought before the Magistrate or Court, as the case may be, the Magistrate or Court considers him capable of making his defence, the inquiry or trial shall proceed.

(2) If the Magistrate or Court considers the accused to be still incapable of making his defence, the Magistrate or Court shall act according to the provisions of section 367 or section 368, as the case may be, and if the accused is found to be of unsound mind and consequently incapable of making his defence, shall deal with such accused in accordance with the provisions of section 369.

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 371

Section 371 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 332 of the CrPC, 1973) outlines the procedure on the accused appearing before the Magistrate or Court after resumption of proceedings.

Judicial Assessment of Fitness: When the accused appears or is brought before the Court, the Magistrate or Court must verify whether the accused is capable of making their defence.
Continuation of Trial: If the accused is found capable, the inquiry or trial shall proceed as if it had not been postponed.
Re-postponement if Still Unfit: If the accused is found still incapable of making their defence, the Court must again postpone proceedings and act under Section 369.

Key Landmark Precedents:

Vivian Rodrick v. State of W.B., (1971) 1 SCC 468: The Supreme Court noted that the court cannot rely on stale psychiatric opinions; the assessment of capacity must be contemporaneous with the resumption hearing.
Bapu v. State of Rajasthan, (2007) 8 SCC 66: Affirmed that judicial satisfaction under Section 332 CrPC is a judicial finding requiring active questioning of the accused by the presiding judge.

Courtroom Practice & Strategic Litigation Guidance:

Observe the client's demeanor during the Section 371 appearance; if disorientation, auditory hallucinations, or cognitive impairment persist, pray for an immediate de novo medical evaluation.