Section 371 BNSS: Procedure on accused appearing before Magistrate or Court
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 371 BNSS at a Glance
Section 371 BNSS deals with procedure on accused appearing before Magistrate or Court. It replaced Section 332 CrPC on 1 July 2024.
Section 371 BNSS Bare Act Text
(1) If, when the accused appears or is again brought before the Magistrate or Court, as the case may be, the Magistrate or Court considers him capable of making his defence, the inquiry or trial shall proceed.
(2) If the Magistrate or Court considers the accused to be still incapable of making his defence, the Magistrate or Court shall act according to the provisions of section 367 or section 368, as the case may be, and if the accused is found to be of unsound mind and consequently incapable of making his defence, shall deal with such accused in accordance with the provisions of section 369.
Source: Section 371, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 371 BNSS in Simple Words
Section 371 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with an accused who appears or is again brought before the Magistrate or Court.
If the Magistrate or Court considers the accused capable of making his defence, the inquiry or trial shall proceed.
If the Magistrate or Court considers the accused to be still incapable of making his defence, the Magistrate or Court shall act according to the provisions of Section 367 BNSS or Section 368 BNSS, as the case may be.
When Section 371 BNSS Applies
- Under Section 371(1) BNSS, when the accused appears or is again brought before the Magistrate or Court and the Magistrate or Court considers the accused capable of making his defence, the inquiry or trial shall proceed.
- Under Section 371(2) BNSS, if the Magistrate or Court considers the accused to be still incapable of making his defence, the Magistrate or Court shall act according to the provisions of Section 367 BNSS or Section 368 BNSS, as the case may be.
- Under Section 371(2) BNSS, if the accused is found to be of unsound mind and consequently incapable of making his defence, the Magistrate or Court shall deal with such accused in accordance with the provisions of Section 369 BNSS.
Example of Section 371 BNSS
When Section 371 BNSS Does Not Apply
- Section 371 BNSS speaks of an accused who appears or is again brought before the Magistrate or Court. It does not deal with the resumption of an inquiry or trial postponed under Section 367 BNSS or Section 368 BNSS, which is the subject of Section 370 BNSS.
- Section 371(2) BNSS speaks of dealing with an accused found to be of unsound mind in accordance with Section 369 BNSS. It does not deal with a judgment of acquittal on the ground of unsoundness of mind, which is the subject of Section 373 BNSS.
Section 371 BNSS in the CrPC (Previous Law)
Section 371 BNSS replaced Section 332 CrPC from 1 July 2024.
Section 332 of the Code of Criminal Procedure, 1973 is found in Section 371 of the Bharatiya Nagarik Suraksha Sanhita, 2023, under the same heading. Section 371(1) BNSS has the same text as Section 332(1) CrPC. Section 371(2) BNSS refers to Section 367 BNSS, Section 368 BNSS and Section 369 BNSS where Section 332(2) CrPC referred to Section 328 CrPC, Section 329 CrPC and Section 330 CrPC.
Each sub-section below names its own source.
FAQs on Section 371 BNSS
When does the inquiry or trial proceed under Section 371(1) BNSS?▼
Under Section 371(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, when the accused appears or is again brought before the Magistrate or Court, as the case may be, and the Magistrate or Court considers the accused capable of making his defence, the inquiry or trial shall proceed.
What does Section 371(2) BNSS say if the accused is considered still incapable of making his defence?▼
Under Section 371(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, if the Magistrate or Court considers the accused to be still incapable of making his defence, the Magistrate or Court shall act according to the provisions of Section 367 BNSS or Section 368 BNSS, as the case may be.
What does Section 371(2) BNSS say about an accused found to be of unsound mind?▼
Under Section 371(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, if the accused is found to be of unsound mind and consequently incapable of making his defence, the Magistrate or Court shall deal with such accused in accordance with the provisions of Section 369 BNSS.
What changed from Section 332 CrPC to Section 371 BNSS from 1 July 2024?▼
From 1 July 2024, Section 371 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 332 of the Code of Criminal Procedure, 1973. The heading is the same and the text is the same except for the cross-references. Section 371(2) BNSS refers to Section 367 BNSS or Section 368 BNSS where Section 332(2) CrPC referred to Section 328 CrPC or Section 329 CrPC. Section 371(2) BNSS refers to Section 369 BNSS where Section 332(2) CrPC referred to Section 330 CrPC.
Section 371 BNSS: Sub-sections Explained
Section 371(1) BNSS: Procedure on accused appearing before Magistrate or Court
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Bare Act Text
(1) If, when the accused appears or is again brought before the Magistrate or Court, as the case may be, the Magistrate or Court considers him capable of making his defence, the inquiry or trial shall proceed.
Section 371(2) BNSS: Procedure on accused appearing before Magistrate or Court
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Bare Act Text
(2) If the Magistrate or Court considers the accused to be still incapable of making his defence, the Magistrate or Court shall act according to the provisions of section 367 or section 368, as the case may be, and if the accused is found to be of unsound mind and consequently incapable of making his defence, shall deal with such accused in accordance with the provisions of section 369.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·