Section 376 BNSS: Procedure where prisoner of unsound mind is reported capable of making his defence (Formerly Section 337 CrPC)

Section 376 of Bharatiya Nagarik Suraksha Sanhita, 2023: Procedure where prisoner of unsound mind is reported capable of making his defence

Official Bare Act Text

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

If a person is detained under the provisions of sub-section (2) of section 369, and in the case of a person detained in a jail, the Inspector-General of Prisons, or, in the case of a person detained in a public mental health establishment, the Mental Health Review Board constituted under the Mental Healthcare Act, 2017, shall certify that, in his or their opinion, such person is capable of making his defence, he shall be taken before the Magistrate or Court, as the case may be, at such time as the Magistrate or Court appoints, and the Magistrate or Court shall deal with such person under the provisions of section 371; and the certificate of such Inspector-General or visitors as aforesaid shall be receivable as 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 376

Section 376 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 337 of the CrPC, 1973) prescribes the procedure when a prisoner detained under Section 369 is reported by visitors to be capable of making their defence.

Visitors' Certificate of Fitness: Triggered when the visitors of the psychiatric facility certify that the prisoner of unsound mind is capable of making their defence.
Production Before Court: The prisoner shall be taken before the Magistrate or Court at such time as the Court appoints.
Trial Continuation: The Court deals with the prisoner under Section 371, verifying fitness and resuming the inquiry or trial.

Key Landmark Precedents:

Veena Sethi v. State of Bihar, (1982) 2 SCC 583: Emphasized that once a certificate of fitness is issued under Section 337 CrPC, the state is legally bound to produce the prisoner before the court without bureaucratic delay.
State of Maharashtra v. Sindhi, (1975) 1 SCC 347: Held that the court must independently confirm the prisoner's recovery before restarting the trial.

Courtroom Practice & Strategic Litigation Guidance:

If a medical superintendent has certified the client as fit but jail authorities fail to produce them, file a habeas corpus petition or Section 376 application before the trial court demanding immediate production.