Section 370 BNSS: Resumption of inquiry or trial
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 370 BNSS at a Glance
Section 370 BNSS deals with resumption of inquiry or trial. It replaced Section 331 CrPC on 1 July 2024.
Section 370 BNSS Bare Act Text
(1) Whenever an inquiry or a trial is postponed under section 367 or section 368, the Magistrate or Court, as the case may be, may at any time after the person concerned has ceased to be of unsound mind, resume the inquiry or trial and require the accused to appear or be brought before such Magistrate or Court.
(2) When the accused has been released under section 369, and the sureties for his appearance produce him to the officer whom the Magistrate or Court appoints in this behalf, the certificate of such officer that the accused is capable of making his defence shall be receivable in evidence.
Source: Section 370, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 370 BNSS in Simple Words
Section 370 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is about resuming an inquiry or a trial that was postponed under Section 367 BNSS or Section 368 BNSS.
The Magistrate or Court may at any time after the person concerned has ceased to be of unsound mind resume the inquiry or trial and require the accused to appear or be brought before it.
Where the accused has been released under Section 369 BNSS and the sureties for the appearance of the accused produce the accused to the officer whom the Magistrate or Court appoints, the certificate of that officer that the accused is capable of making his defence shall be receivable in evidence.
When Section 370 BNSS Applies
- Where an inquiry or a trial is postponed under Section 367 BNSS or Section 368 BNSS, the Magistrate or Court, as the case may be, may resume it under Section 370(1) BNSS.
- The Magistrate or Court may do so at any time after the person concerned has ceased to be of unsound mind, and may require the accused to appear or be brought before it.
- Section 370(2) BNSS applies when the accused has been released under Section 369 BNSS and the sureties for the appearance of the accused produce the accused to the officer whom the Magistrate or Court appoints in this behalf.
- The certificate of that officer that the accused is capable of making his defence shall be receivable in evidence.
Example of Section 370 BNSS
When Section 370 BNSS Does Not Apply
- Section 370(1) BNSS speaks of resuming an inquiry or a trial that was postponed under Section 367 BNSS or Section 368 BNSS. It does not deal with the postponement itself. Section 367 BNSS is titled Procedure in case of accused being person of unsound mind.
- Section 370(2) BNSS speaks of the certificate of an officer where the accused has been released under Section 369 BNSS. It does not deal with the release itself. Section 369 BNSS is titled Release of person of unsound mind pending investigation or trial.
Section 370 BNSS in the CrPC (Previous Law)
Section 370 BNSS replaced Section 331 CrPC from 1 July 2024.
Section 331 CrPC and Section 370 BNSS have the same heading and the same text, except for renumbered cross-references. Section 370(1) BNSS refers to Section 367 BNSS and Section 368 BNSS where Section 331(1) CrPC referred to Section 328 CrPC and Section 329 CrPC. Section 370(2) BNSS refers to Section 369 BNSS where Section 331(2) CrPC referred to Section 330 CrPC.
Each sub-section below names its own source.
FAQs on Section 370 BNSS
When can a Magistrate or Court resume a postponed inquiry or trial under Section 370 BNSS?▼
Where an inquiry or a trial is postponed under Section 367 BNSS or Section 368 BNSS, Section 370(1) BNSS says that the Magistrate or Court, as the case may be, may at any time after the person concerned has ceased to be of unsound mind resume the inquiry or trial and require the accused to appear or be brought before such Magistrate or Court.
Does Section 370 BNSS give a period for resuming a postponed inquiry or trial?▼
Section 370(1) BNSS gives no number of days or other period. Its words are at any time after the person concerned has ceased to be of unsound mind.
When is the certificate of an appointed officer receivable in evidence under Section 370(2) BNSS?▼
Section 370(2) BNSS applies when the accused has been released under Section 369 BNSS and the sureties for the appearance of the accused produce the accused to the officer whom the Magistrate or Court appoints in this behalf. The certificate of that officer that the accused is capable of making his defence shall be receivable in evidence.
What changed from Section 331 CrPC to Section 370 BNSS from 1 July 2024?▼
Section 370 BNSS has the same heading and the same text as Section 331 CrPC, except for renumbered cross-references. Section 370(1) BNSS refers to Section 367 BNSS and Section 368 BNSS where Section 331(1) CrPC referred to Section 328 CrPC and Section 329 CrPC. Section 370(2) BNSS refers to Section 369 BNSS where Section 331(2) CrPC referred to Section 330 CrPC.
Section 370 BNSS: Sub-sections Explained
Section 370(1) BNSS: Resumption of inquiry or trial
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Bare Act Text
(1) Whenever an inquiry or a trial is postponed under section 367 or section 368, the Magistrate or Court, as the case may be, may at any time after the person concerned has ceased to be of unsound mind, resume the inquiry or trial and require the accused to appear or be brought before such Magistrate or Court.
Section 370(2) BNSS: Resumption of inquiry or trial
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Bare Act Text
(2) When the accused has been released under section 369, and the sureties for his appearance produce him to the officer whom the Magistrate or Court appoints in this behalf, the certificate of such officer that the accused is capable of making his defence shall be receivable in evidence.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 20 Oct 2026 ·