Section 374 BNSS: Person acquitted on ground of unsoundness of mind to be detained in safe custody (Formerly Section 335 CrPC)

Section 374 of Bharatiya Nagarik Suraksha Sanhita, 2023: Person acquitted on ground of unsoundness of mind to be detained in safe custody

Official Bare Act Text

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

(1) Whenever the finding states that the accused person committed the act alleged, the Magistrate or Court before whom or which the trial has been held, shall, if such act would, but for the incapacity found, have constituted an offence,—

(a) order such person to be detained in safe custody in such place and manner as the Magistrate or Court thinks fit; or

(b) order such person to be delivered to any relative or friend of such person.

(2) No order for the detention of the accused in a public mental health establishment shall be made under clause (a) of sub-section (1) otherwise than in accordance with such rules as the State Government may have made under the Mental Healthcare Act, 2017.

(3) No order for the delivery of the accused to a relative or friend shall be made under clause (b) of sub-section (1) except upon the application of such relative or friend and on his giving security to the satisfaction of the Magistrate or Court that the person delivered shall—

(a) be properly taken care of and prevented from doing injury to himself or to any other person;

(b) be produced for the inspection of such officer, and at such times and places, as the State Government may direct.

(4) The Magistrate or Court shall report to the State Government the action taken under sub-section (1).

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 374

Section 374 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 335 of the CrPC, 1973) governs the safe custody and detention of a person acquitted on the ground of unsoundness of mind.

Detention in Safe Custody: The Court shall order such person to be detained in safe custody in such place and manner as it thinks fit, or delivered to a relative or friend.
Report to State Government: The Court must report the action taken to the State Government for administrative tracking.
Delivery to Relative upon Security: No order for delivery to a relative or friend shall be made except upon application and giving security that the person shall be properly cared for and prevented from doing injury.

Key Landmark Precedents:

Veena Sethi v. State of Bihar, (1982) 2 SCC 583: The Supreme Court held that persons acquitted on grounds of insanity cannot be forgotten in custodial institutions indefinitely without periodic review.
Sheela Barse v. Union of India, (1993) 4 SCC 204: Directed that safe custody must be therapeutic rather than punitive, respecting human dignity under Article 21.

Courtroom Practice & Strategic Litigation Guidance:

Move an application under Section 374(1)(b) on behalf of relatives or guardians with solvent sureties offering full psychiatric home-care to prevent the acquitted client from being institutionalized in state asylums.