CrPC 318→BNSS 357

CrPC 318 to BNSS 357: Procedure where accused does not understand proceedings

Section 318 CrPC (1973) replaced by Section 357 BNSS (2023)

View CrPC Section 318 →View BNSS Section 357 →

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

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section318357
HeadingProcedure where accused does not understand proceedingsSame

CrPC 318 and BNSS 357: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 318, CrPC 1973

318. Procedure where accused does not understand proceedings.—If the accused, though not of unsound mind, cannot be made to understand the proceedings, the Court may proceed with the inquiry or trial; and, 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.
BNSS 2023 (in force)

Section 357, BNSS 2023

357. Procedure where accused does not understand proceedings.—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; and, 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.

When It Applies: CrPC 318 vs BNSS 357

Under CrPC 318
  1. 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.
  2. 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.
  3. The High Court shall pass thereon such order as it thinks fit.
Under BNSS 357
  1. 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.
  2. 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.
  3. The High Court shall pass thereon such order as it thinks fit.

What CrPC 318 to BNSS 357 Means in Practice

From 1 July 2024, the provision in Section 318 CrPC is found in Section 357 BNSS. Section 357 BNSS has the same heading as Section 318 CrPC and the same text, except for the wording below. Section 357 BNSS reads though not a person of unsound mind where Section 318 CrPC read though not of unsound mind.

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 ·