Section 375 BNSS: Power of State Government to empower officer in charge to discharge (Formerly Section 336 CrPC)

Section 375 of Bharatiya Nagarik Suraksha Sanhita, 2023: Power of State Government to empower officer in charge to discharge

Official Bare Act Text

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

The State Government may empower the officer in charge of the jail in which a person is confined under the provisions of section 369 or section 374 to discharge all or any of the functions of the Inspector-General of Prisons under section 376 or section 377.

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 375

Section 375 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 336 of the CrPC, 1973) empowers the State Government to authorize the Inspector-General of Prisons or designated visitors to discharge safe custody functions under Chapter XXVII.

Executive Delegation: The State Government may empower the officer in charge of the jail or visitors of the psychiatric hospital to perform specified discharge functions.
Streamlined Administrative Oversight: Enables designated medical inspectors to review the mental status of detained persons without requiring individual Cabinet orders.
Facilitating Rehabilitation: Aimed at accelerating the release of cured psychiatric patients.

Key Landmark Precedents:

Veena Sethi v. State of Bihar, (1982) 2 SCC 583: Highlighted the catastrophic failure of jail visitors and inspectors to perform statutory functions under Section 336 CrPC, resulting in decades of illegal confinement.
Sunil Batra v. Delhi Administration, (1980) 3 SCC 488: Reaffirmed the duty of prison visitors to proactively inspect and report on the condition of undertrials.

Courtroom Practice & Strategic Litigation Guidance:

Liaise with the Board of Visitors or medical superintendent of the psychiatric facility to ensure regular statutory reports under Section 375 are forwarded to the Home Department.