Section 373 BNSS: Judgment of acquittal on ground of unsoundness of mind (Formerly Section 334 CrPC)

Section 373 of Bharatiya Nagarik Suraksha Sanhita, 2023: Judgment of acquittal on ground of unsoundness of mind

Official Bare Act Text

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

Whenever any person is acquitted upon the ground that, at the time at which he is alleged to have committed an offence, he was, by reason of unsoundness of mind, incapable of knowing the nature of the act alleged as constituting the offence, or that it was wrong or contrary to law, the finding shall state specifically whether he committed the act or not.

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 373

Section 373 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 334 of the CrPC, 1973) mandates that whenever any person is acquitted on the ground of unsoundness of mind, the finding shall state specifically whether they committed the act or not.

Judgment of Acquittal on Insanity: Applies when the Court records a finding that the accused committed the act alleged but was legally insane at the time.
Mandatory Specific Finding: The finding shall state specifically whether the accused committed the act or not, and that the acquittal is solely on the ground of unsoundness of mind.
Prerequisite for Safe Custody Orders: The explicit finding that the act was committed is a necessary foundation for passing detention orders under Section 374.

Key Landmark Precedents:

State of Maharashtra v. Sindhi, (1975) 1 SCC 347: The Supreme Court held that recording a specific finding under Section 334 CrPC (Section 373 BNSS) is mandatory; an omnibus acquittal without stating whether the act was committed is legally flawed.
Bapu v. State of Rajasthan, (2007) 8 SCC 66: Affirmed that an acquittal on the ground of insanity requires the court to positively find that the physical act was committed by the accused.

Courtroom Practice & Strategic Litigation Guidance:

When pursuing an insanity defense, ensure the trial court's judgment explicitly reflects the acquittal under Section 373 to prevent misinterpretation of the verdict as an ordinary acquittal.