Section 357 BNSS: Procedure where accused does not understand proceedings
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 357 BNSS at a Glance
Section 357 BNSS deals with procedure where accused does not understand proceedings. It replaced Section 318 CrPC on 1 July 2024.
Section 357 BNSS Bare Act Text
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.
Source: Section 357, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 357 BNSS in Simple Words
Section 357 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the procedure where the accused does not understand the 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.
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 Section 357 BNSS Applies
- 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.
Example of Section 357 BNSS
When Section 357 BNSS Does Not Apply
- The direction to forward the proceedings in Section 357 BNSS speaks of a Court other than a High Court. It does not deal with forwarding the proceedings after a conviction by a High Court.
- Section 357 BNSS speaks of proceedings that result in a conviction. It does not deal with forwarding the proceedings when they end in an acquittal.
Section 357 BNSS in the CrPC (Previous Law)
Section 357 BNSS replaces Section 318 CrPC from the old criminal code.
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.
View CrPC Section 318 →FAQs on Section 357 BNSS
What does Section 357 BNSS say about an accused who cannot be made to understand the proceedings?▼
Section 357 of the Bharatiya Nagarik Suraksha Sanhita, 2023 says that 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.
What happens after a conviction under Section 357 BNSS?▼
Section 357 BNSS says that 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.
Who passes the order after the proceedings are forwarded under Section 357 BNSS?▼
Section 357 BNSS says the High Court shall pass thereon such order as it thinks fit.
What changed from Section 318 CrPC to Section 357 BNSS from 1 July 2024?▼
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.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·