CrPC 338→BNSS 377

CrPC 338 to BNSS 377: Procedure where lunatic detained is declared fit to be released

Section 338 CrPC (1973) replaced by Section 377 BNSS (2023)

View CrPC Section 338 →View BNSS Section 377 →

CrPC 338 to BNSS 377 at a Glance

Section 338 CrPC (Procedure where lunatic detained is declared fit to be released) is now Section 377 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 338 to BNSS 377?

Section 338 of the Code of Criminal Procedure, 1973 is found in Section 377 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The heading of Section 377 BNSS reads person of unsound mind detained where the heading of Section 338 CrPC read lunatic detained. Section 377(1) BNSS opens with a person where Section 338(1) CrPC opened with such person. It refers to Section 369(2) BNSS and Section 374 BNSS where Section 338(1) CrPC referred to Section 330(2) CrPC and Section 335 CrPC. It reads public mental health establishment where Section 338(1) CrPC read public lunatic asylum. Section 377(2) BNSS has the same text as Section 338(2) CrPC.

CrPC 338 vs BNSS 377: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section338377
HeadingProcedure where lunatic detained is declared fit to be releasedProcedure where person of unsound mind detained is declared fit to be released
Sub-sections2 sub-sectionsSame
Cross-referencess.330s.369

CrPC 338 and BNSS 377: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 338, CrPC 1973

338. Procedure where lunatic detained is declared fit to be released.—(1) If such person is detained under the provisions of sub-section (2) of section 330, or section 335, and such Inspector-General or visitors shall certify that, in his or their judgment, he may be released without danger of his doing injury to himself or to any other person, the State Government may thereupon order him to be released, or to be detained in custody, or to be transferred to a public lunatic asylum if he has not been already sent to such an asylum; and, in case it orders him to be transferred to an asylum, may appoint a Commission, consisting of a Judicial and two medical officers. (2) Such Commission shall make a formal inquiry into the state of mind of such person, take such evidence as is necessary, and shall report to the State Government, which may order his release or detention as it thinks fit.
BNSS 2023 (in force)

Section 377, BNSS 2023

377. Procedure where person of unsound mind detained is declared fit to be released.—(1) If a person is detained under the provisions of sub-section (2) of section 369, or section 374, and such Inspector-General or visitors shall certify that, in his or their judgment, he may be released without danger of his doing injury to himself or to any other person, the State Government may thereupon order him to be released, or to be detained in custody, or to be transferred to a public mental health establishment if he has not been already sent to such establishment; and, in case it orders him to be transferred to a public mental health establishment, may appoint a Commission, consisting of a Judicial and two medical officers. (2) Such Commission shall make a formal inquiry into the state of mind of such person, take such evidence as is necessary, and shall report to the State Government, which may order his release or detention as it thinks fit.

When It Applies: CrPC 338 vs BNSS 377

Under CrPC 338
  1. Under Section 338(1) CrPC, the section applies if such person is detained under the provisions of Section 330(2) CrPC or Section 335 CrPC, and such Inspector-General or visitors shall certify that, in his or their judgment, he may be released without danger of his doing injury to himself or to any other person.
  2. Under Section 338(1) CrPC, the State Government may thereupon order him to be released, or to be detained in custody, or to be transferred to a public lunatic asylum if he has not been already sent to such an asylum.
  3. Under Section 338(1) CrPC, in case the State Government orders him to be transferred to an asylum, it may appoint a Commission, consisting of a Judicial and two medical officers.
  4. Under Section 338(2) CrPC, such Commission shall make a formal inquiry into the state of mind of such person, take such evidence as is necessary, and shall report to the State Government, which may order his release or detention as it thinks fit.
Under BNSS 377
  1. Under Section 377(1) BNSS, the section applies if a person is detained under the provisions of Section 369(2) BNSS or Section 374 BNSS, and such Inspector-General or visitors shall certify that, in his or their judgment, he may be released without danger of his doing injury to himself or to any other person.
  2. Under Section 377(1) BNSS, the State Government may thereupon order him to be released, or to be detained in custody, or to be transferred to a public mental health establishment if he has not been already sent to such establishment.
  3. Under Section 377(1) BNSS, in case the State Government orders him to be transferred to a public mental health establishment, it may appoint a Commission, consisting of a Judicial and two medical officers.
  4. Under Section 377(2) BNSS, such Commission shall make a formal inquiry into the state of mind of such person, take such evidence as is necessary, and shall report to the State Government, which may order his release or detention as it thinks fit.

What CrPC 338 to BNSS 377 Means in Practice

From 1 July 2024, the State Government looks to Section 377 BNSS where Section 338 CrPC applied before. A transfer under Section 377(1) BNSS is to a public mental health establishment, where Section 338(1) CrPC spoke of a public lunatic asylum.

FAQs: CrPC 338 to BNSS 377

Where is Section 338 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

From 1 July 2024, Section 338 of the Code of Criminal Procedure, 1973 is found in Section 377 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 338(1) CrPC is found in Section 377(1) BNSS and Section 338(2) CrPC is found in Section 377(2) BNSS.

Where may the State Government order a detained person to be transferred under Section 377(1) BNSS?▼

Section 377(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 speaks of a public mental health establishment, where Section 338(1) of the Code of Criminal Procedure, 1973 spoke of a public lunatic asylum. Both provide that the State Government may order him to be released, or to be detained in custody, or to be transferred.

Did the Commission inquiry change between Section 338(2) CrPC and Section 377(2) BNSS?▼

Section 377(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 has the same text as Section 338(2) of the Code of Criminal Procedure, 1973. Under both, such Commission shall make a formal inquiry into the state of mind of such person, take such evidence as is necessary, and shall report to the State Government.

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 ·