CrPC 318 to BNSS 357: Procedure where accused does not understand proceedings
Section 318 CrPC (1973) replaced by Section 357 BNSS (2023)
CrPC 318 to BNSS 357 at a Glance
Section 318 CrPC (Procedure where accused does not understand proceedings) is now Section 357 BNSS, in force from 1 July 2024. What changed is set out below.
What Changed From CrPC 318 to BNSS 357?
From 1 July 2024, Section 357 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 318 of the Code of Criminal Procedure, 1973. The heading and the text are the same.
CrPC 318 vs BNSS 357: Comparison Table
| Aspect | CrPC 1973 (repealed) | BNSS 2023 (in force) |
|---|---|---|
| Section | 318 | 357 |
| Heading | Procedure where accused does not understand proceedings | Same |
CrPC 318 and BNSS 357: Bare Act Text Side by Side
Section 318, CrPC 1973
Section 357, BNSS 2023
When It Applies: CrPC 318 vs BNSS 357
- Section 318 CrPC applies if the accused, though not of unsound mind, cannot be made to understand the proceedings. The Court may proceed with the inquiry or trial.
- In the case of a Court other than a High Court, if such proceedings result in a conviction, the proceedings shall be forwarded to the High Court with a report of the circumstances of the case.
- The High Court shall pass thereon such order as it thinks fit.
- Section 357 BNSS applies if the accused, though not a person of unsound mind, cannot be made to understand the proceedings. The Court may proceed with the inquiry or trial.
- In the case of a Court other than a High Court, if such proceedings result in a conviction, the proceedings shall be forwarded to the High Court with a report of the circumstances of the case.
- The High Court shall pass thereon such order as it thinks fit.
What CrPC 318 to BNSS 357 Means in Practice
FAQs: CrPC 318 to BNSS 357
Which section of the BNSS replaced Section 318 CrPC?▼
Section 357 BNSS replaced Section 318 CrPC from 1 July 2024. Section 318 CrPC has no sub-sections, and maps as a whole to Section 357 BNSS.
Did Section 357 BNSS use different words from Section 318 CrPC on what happens after a conviction?▼
No. Section 357 BNSS has the same words as Section 318 CrPC: in the case of a Court other than a High Court, if such proceedings result in a conviction, the proceedings shall be forwarded to the High Court with a report of the circumstances of the case, and the High Court shall pass thereon such order as it thinks fit.
Did the heading change from Section 318 CrPC to Section 357 BNSS?▼
No. Both are headed Procedure where accused does not understand proceedings.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·