Section 378 BNSS: Delivery of person of unsound mind to care of relative or friend (Formerly Section 339 CrPC)

Section 378 of Bharatiya Nagarik Suraksha Sanhita, 2023: Delivery of person of unsound mind to care of relative or friend

Official Bare Act Text

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

(1) Whenever any relative or friend of any person detained under the provisions of section 369 or section 374 desires that he shall be delivered to his care and custody, the State Government may, upon the application of such relative or friend and on his giving security to the satisfaction of such State Government, 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;

(c) in the case of a person detained under sub-section (2) of section 369, be produced when required before such Magistrate or Court, order such person to be delivered to such relative or friend.

(2) If the person so delivered is accused of any offence, the trial of which has been postponed by reason of his being of unsound mind and incapable of making his defence, and the inspecting officer referred to in clause (b) of sub-section (1), certifies at any time to the Magistrate or Court that such person is capable of making his defence, such Magistrate or Court shall call upon the relative or friend to whom such accused was delivered to produce him before the Magistrate or Court; and, upon such production the Magistrate or Court shall proceed in accordance with the provisions of section 371, and the certificate of the inspecting officer 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 378

Section 378 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 339 of the CrPC, 1973) provides for the delivery of a person of unsound mind detained under Section 369 or 374 to the care and custody of a relative or friend.

Application by Relative or Friend: A relative or friend may apply to the State Government or Court that such person be delivered to their care and custody.
Surety & Care Undertaking: The applicant must give security to the satisfaction of the Government or Court that the person shall be properly taken care of and prevented from doing injury, and produced for inspection.
Revocation upon Default: If the person ceases to be cared for properly, the Court or Government may cancel the delivery and order return to custody.

Key Landmark Precedents:

Veena Sethi v. State of Bihar, (1982) 2 SCC 583: The Supreme Court observed that familial care under Section 339 CrPC is far superior to long-term custodial institutionalization for rehabilitated individuals.
Sunil Batra v. Delhi Administration, (1980) 3 SCC 488: Emphasized that procedural avenues enabling family custody must be interpreted humanely.

Courtroom Practice & Strategic Litigation Guidance:

Draft the Section 378 bond meticulously, annexing proof of residence, financial capability, and ties with a registered psychiatric outpatient clinic to reassure the court regarding adequate supervision.