CrPC 337→BNSS 376

CrPC 337 to BNSS 376: Procedure where lunatic prisoner is reported capable of making his defence

Section 337 CrPC (1973) replaced by Section 376 BNSS (2023)

View CrPC Section 337 →View BNSS Section 376 →

CrPC 337 to BNSS 376 at a Glance

Section 337 CrPC (Procedure where lunatic prisoner is reported capable of making his defence) is now Section 376 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 337 to BNSS 376?

Section 337 of the Code of Criminal Procedure, 1973 is found in Section 376 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The heading of Section 376 BNSS reads prisoner of unsound mind where the heading of Section 337 CrPC read lunatic prisoner. Section 376 BNSS opens with a person where Section 337 CrPC opened with such person. It refers to Section 369(2) BNSS and Section 371 BNSS where Section 337 CrPC referred to Section 330(2) CrPC and Section 332 CrPC. It reads public mental health establishment where Section 337 CrPC read lunatic asylum, and the Mental Health Review Board constituted under the Mental Healthcare Act, 2017 where Section 337 CrPC read the visitors of such asylum, or any two of them.

CrPC 337 vs BNSS 376: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section337376
HeadingProcedure where lunatic prisoner is reported capable of making his defenceProcedure where prisoner of unsound mind is reported capable of making his defence
Cross-referencess.330, s.332s.369, s.371

CrPC 337 and BNSS 376: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 337, CrPC 1973

337. Procedure where lunatic prisoner is reported capable of making his defence.—If such person is detained under the provisions of sub-section (2) of section 330, 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 lunatic asylum, the visitors of such asylum, or any two of them 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 332; and the certificate of such Inspector-General or visitors as aforesaid shall be receivable as evidence.
BNSS 2023 (in force)

Section 376, BNSS 2023

376. Procedure where prisoner of unsound mind is reported capable of making his defence.—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.

When It Applies: CrPC 337 vs BNSS 376

Under CrPC 337
  1. Section 337 CrPC applies to a person detained under the provisions of Section 330(2) CrPC.
  2. The certificate is given by the Inspector-General of Prisons in the case of a person detained in a jail, or by the visitors of such asylum, or any two of them, in the case of a person detained in a lunatic asylum.
  3. On a certificate that, in his or their opinion, such person is capable of making his defence, such person shall be taken before the Magistrate or Court, as the case may be, at such time as the Magistrate or Court appoints.
  4. The Magistrate or Court shall deal with such person under the provisions of Section 332 CrPC, and the certificate of such Inspector-General or visitors shall be receivable as evidence.
Under BNSS 376
  1. Section 376 BNSS applies to a person detained under the provisions of Section 369(2) BNSS.
  2. The certificate is given by the Inspector-General of Prisons in the case of a person detained in a jail, or by the Mental Health Review Board constituted under the Mental Healthcare Act, 2017, in the case of a person detained in a public mental health establishment.
  3. On a certificate that, in his or their opinion, such person is capable of making his defence, such person shall be taken before the Magistrate or Court, as the case may be, at such time as the Magistrate or Court appoints.
  4. The Magistrate or Court shall deal with such person under the provisions of Section 371 BNSS, and the certificate of such Inspector-General or visitors as aforesaid shall be receivable as evidence.

What CrPC 337 to BNSS 376 Means in Practice

From 1 July 2024, a certificate that a detained person is capable of making his defence is given under Section 376 BNSS, which names the Mental Health Review Board constituted under the Mental Healthcare Act, 2017 for a person detained in a public mental health establishment, where Section 337 CrPC named the visitors of such asylum, or any two of them.

FAQs: CrPC 337 to BNSS 376

Where is Section 337 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

From 1 July 2024, Section 337 of the Code of Criminal Procedure, 1973 is found in Section 376 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 337 CrPC has no sub-sections, and maps as a whole to Section 376 BNSS.

Who gives the certificate for a person detained in a public mental health establishment under Section 376 BNSS?▼

Section 376 of the Bharatiya Nagarik Suraksha Sanhita, 2023 names the Mental Health Review Board constituted under the Mental Healthcare Act, 2017 for a person detained in a public mental health establishment. Section 337 of the Code of Criminal Procedure, 1973 named the visitors of such asylum, or any two of them, for a person detained in a lunatic asylum.

Did the Magistrate or Court procedure after the certificate differ between Section 337 CrPC and Section 376 BNSS?▼

Section 376 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has the same text as Section 337 of the Code of Criminal Procedure, 1973 on the person being taken before the Magistrate or Court at such time as the Magistrate or Court appoints. Section 376 BNSS refers to Section 371 BNSS where Section 337 CrPC referred to Section 332 CrPC.

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: 22 Oct 2026 ·