Section 372 BNSS: When accused appears to have been of sound mind

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 372 BNSS at a Glance

Section 372 BNSS deals with when accused appears to have been of sound mind. It replaced Section 333 CrPC on 1 July 2024.

Was CrPC

Section 333 →

Section 372 BNSS Bare Act Text

372. When accused appears to have been of sound mind

When the accused appears to be of sound mind at the time of inquiry or trial, and the Magistrate is satisfied from the evidence given before him that there is reason to believe that the accused committed an act, which, if he had been of sound mind, would have been an offence, and that he was, at the time when the act was committed, by reason of unsoundness of mind, incapable of knowing the nature of the act or that it was wrong or contrary to law, the Magistrate shall proceed with the case, and, if the accused ought to be tried by the Court of Session, commit him for trial before the Court of Session.

Source: Section 372, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 372 BNSS in Simple Words

Section 372 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is about an accused who appears to be of sound mind at the time of inquiry or trial.

Where the Magistrate is satisfied from the evidence given before the Magistrate that there is reason to believe that the accused committed an act which, if the accused had been of sound mind, would have been an offence, and that at the time when the act was committed the accused was, by reason of unsoundness of mind, incapable of knowing the nature of the act or that it was wrong or contrary to law, the Magistrate shall proceed with the case.

If the accused ought to be tried by the Court of Session, the Magistrate shall commit the accused for trial before the Court of Session.

When Section 372 BNSS Applies

  • The accused appears to be of sound mind at the time of inquiry or trial.
  • The Magistrate is satisfied from the evidence given before the Magistrate that there is reason to believe that the accused committed an act which, if the accused had been of sound mind, would have been an offence.
  • The Magistrate is also satisfied that, at the time when the act was committed, the accused was, by reason of unsoundness of mind, incapable of knowing the nature of the act or that it was wrong or contrary to law.
  • The Magistrate shall then proceed with the case and, if the accused ought to be tried by the Court of Session, commit the accused for trial before the Court of Session.

Example of Section 372 BNSS

At the time of the inquiry, Ramesh appears to be of sound mind. The evidence given before the Magistrate gives reason to believe that Ramesh committed an act which would have been an offence if Ramesh had been of sound mind, and that when Ramesh committed the act, Ramesh was by reason of unsoundness of mind incapable of knowing the nature of the act. The Magistrate is satisfied of both, and Section 372 BNSS says the Magistrate shall proceed with the case. If Ramesh ought to be tried by the Court of Session, the Magistrate shall commit Ramesh for trial before the Court of Session.

When Section 372 BNSS Does Not Apply

  • Section 372 BNSS speaks of an accused who appears to be of sound mind at the time of inquiry or trial. It does not deal with the procedure for an accused who is of unsound mind at that time. Section 367 BNSS is titled Procedure in case of accused being person of unsound mind.
  • Section 372 BNSS speaks of the Magistrate proceeding with the case. It does not deal with the finding in a judgment of acquittal on the ground of unsoundness of mind. Section 373 BNSS is titled Judgment of acquittal on ground of unsoundness of mind.

Section 372 BNSS in the CrPC (Previous Law)

Section 372 BNSS replaces Section 333 CrPC from the old criminal code.

Section 333 CrPC and Section 372 BNSS have the same heading and the same text. They have no cross-references to other sections to renumber.

View CrPC Section 333 →

FAQs on Section 372 BNSS

When does a Magistrate proceed with the case under Section 372 BNSS?▼

Section 372 BNSS applies when the accused appears to be of sound mind at the time of inquiry or trial and the Magistrate is satisfied from the evidence given before the Magistrate that there is reason to believe that the accused committed an act which, if the accused had been of sound mind, would have been an offence, and that at the time when the act was committed the accused was, by reason of unsoundness of mind, incapable of knowing the nature of the act or that it was wrong or contrary to law. The Magistrate shall then proceed with the case.

What does the Magistrate do under Section 372 BNSS if the accused ought to be tried by the Court of Session?▼

The Magistrate shall commit the accused for trial before the Court of Session.

What must the evidence show under Section 372 BNSS?▼

The Magistrate must be satisfied from the evidence that there is reason to believe that the accused committed an act which, if the accused had been of sound mind, would have been an offence, and that at the time when the act was committed the accused was, by reason of unsoundness of mind, incapable of knowing the nature of the act or that it was wrong or contrary to law.

What changed from Section 333 CrPC to Section 372 BNSS from 1 July 2024?▼

Section 372 BNSS has the same heading and the same text as Section 333 CrPC. It has no cross-references to other sections to renumber.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 20 Oct 2026 ·