CrPC 339→BNSS 378

CrPC 339 to BNSS 378: Delivery of lunatic to care of relative or friend

Section 339 CrPC (1973) replaced by Section 378 BNSS (2023)

View CrPC Section 339 →View BNSS Section 378 →

CrPC 339 to BNSS 378 at a Glance

Section 339 CrPC (Delivery of lunatic to care of relative or friend) is now Section 378 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 339 to BNSS 378?

Section 339 of the Code of Criminal Procedure, 1973 is found in Section 378 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The heading of Section 378 BNSS reads person of unsound mind where the heading of Section 339 CrPC read lunatic. Section 378 BNSS refers to Section 369 BNSS, Section 374 BNSS and Section 371 BNSS where Section 339 CrPC referred to Section 330 CrPC, Section 335 CrPC and Section 332 CrPC. The rest of the text is the same.

CrPC 339 vs BNSS 378: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section339378
HeadingDelivery of lunatic to care of relative or friendDelivery of person of unsound mind to care of relative or friend
Sub-sections2 sub-sectionsSame
Cross-referencess.330, s.332s.369, s.371

CrPC 339 and BNSS 378: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 339, CrPC 1973

339. Delivery of lunatic to care of relative or friend.—(1) Whenever any relative or friend of any person detained under the provisions of section 330 or section 335 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 330, 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 332, and the certificate of the inspecting officer shall be receivable as evidence.
BNSS 2023 (in force)

Section 378, BNSS 2023

378. Delivery of person of unsound mind to care of relative or friend.—(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.

When It Applies: CrPC 339 vs BNSS 378

Under CrPC 339
  1. Under Section 339(1) CrPC, the section applies whenever any relative or friend of any person detained under the provisions of Section 330 CrPC or Section 335 CrPC desires that he shall be delivered to his care and custody.
  2. Under Section 339(1) CrPC, the State Government may, upon the application of such relative or friend and on his giving security to the satisfaction of such State Government, order such person to be delivered to such relative or friend.
  3. Under Section 339(1)(a) CrPC and Section 339(1)(b) CrPC, the security is that the person delivered shall be properly taken care of and prevented from doing injury to himself or to any other person, and be produced for the inspection of such officer, and at such times and places, as the State Government may direct.
  4. Under Section 339(1)(c) CrPC, in the case of a person detained under Section 330(2) CrPC, the security is that he shall be produced when required before such Magistrate or Court.
  5. Under Section 339(2) CrPC, 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 certifies at any time to the Magistrate or Court that such person is capable of making his defence, the Magistrate or Court shall call upon the relative or friend to produce him, and shall proceed in accordance with the provisions of Section 332 CrPC.
Under BNSS 378
  1. Under Section 378(1) BNSS, the section applies whenever any relative or friend of any person detained under the provisions of Section 369 BNSS or Section 374 BNSS desires that he shall be delivered to his care and custody.
  2. Under Section 378(1) BNSS, the State Government may, upon the application of such relative or friend and on his giving security to the satisfaction of such State Government, order such person to be delivered to such relative or friend.
  3. Under Section 378(1)(a) BNSS and Section 378(1)(b) BNSS, the security is that the person delivered shall be properly taken care of and prevented from doing injury to himself or to any other person, and be produced for the inspection of such officer, and at such times and places, as the State Government may direct.
  4. Under Section 378(1)(c) BNSS, in the case of a person detained under Section 369(2) BNSS, the security is that he shall be produced when required before such Magistrate or Court.
  5. Under Section 378(2) BNSS, 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 certifies at any time to the Magistrate or Court that such person is capable of making his defence, the Magistrate or Court shall call upon the relative or friend to produce him, and shall proceed in accordance with the provisions of Section 371 BNSS.

What CrPC 339 to BNSS 378 Means in Practice

From 1 July 2024, a relative or friend who desires that a detained person shall be delivered to his care and custody looks to Section 378 BNSS where Section 339 CrPC applied before. Section 378 BNSS has the same text as Section 339 CrPC apart from the heading and the section numbers it refers to.

FAQs: CrPC 339 to BNSS 378

Where is Section 339 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

From 1 July 2024, Section 339 of the Code of Criminal Procedure, 1973 is found in Section 378 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 339(1) CrPC is found in Section 378(1) BNSS and Section 339(2) CrPC is found in Section 378(2) BNSS.

Did the security a relative or friend must give change between Section 339(1) CrPC and Section 378(1) BNSS?▼

Section 378(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 has the same text as Section 339(1) of the Code of Criminal Procedure, 1973 on the security, apart from the section numbers it refers to. Under both, the person delivered shall be properly taken care of and prevented from doing injury to himself or to any other person.

Why do the section numbers in Section 339 CrPC and Section 378 BNSS differ?▼

Section 378 of the Bharatiya Nagarik Suraksha Sanhita, 2023 refers to Section 369 BNSS, Section 374 BNSS and Section 371 BNSS where Section 339 of the Code of Criminal Procedure, 1973 referred to Section 330 CrPC, Section 335 CrPC and Section 332 CrPC. The rest of the text is the same.

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 ·