Section 373 BNSS: Judgment of acquittal on ground of unsoundness of mind

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 373 BNSS at a Glance

Section 373 BNSS deals with judgment of acquittal on ground of unsoundness of mind. It replaced Section 334 CrPC on 1 July 2024.

Was CrPC

Section 334 →

Section 373 BNSS Bare Act Text

373. Judgment of acquittal on ground of unsoundness of mind

Whenever any person is acquitted upon the ground that, at the time at which he is alleged to have committed an offence, he was, by reason of unsoundness of mind, incapable of knowing the nature of the act alleged as constituting the offence, or that it was wrong or contrary to law, the finding shall state specifically whether he committed the act or not.

Source: Section 373, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 373 BNSS in Simple Words

Section 373 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is about an acquittal on the ground of unsoundness of mind.

Whenever a person is acquitted upon the ground that, at the time at which the person is alleged to have committed an offence, the person was, by reason of unsoundness of mind, incapable of knowing the nature of the act alleged as constituting the offence, or that it was wrong or contrary to law, the finding shall state specifically whether the person committed the act or not.

When Section 373 BNSS Applies

  • The section applies whenever a person is acquitted upon the ground of unsoundness of mind.
  • The ground is that, at the time at which the person is alleged to have committed an offence, the person was, by reason of unsoundness of mind, incapable of knowing the nature of the act alleged as constituting the offence, or that it was wrong or contrary to law.
  • The finding shall state specifically whether the person committed the act or not.

Example of Section 373 BNSS

Vikram is acquitted upon the ground that, at the time at which Vikram is alleged to have committed the offence, Vikram was, by reason of unsoundness of mind, incapable of knowing the nature of the act alleged as constituting the offence. Under Section 373 BNSS, the finding shall state specifically whether Vikram committed the act or not.

When Section 373 BNSS Does Not Apply

  • Section 373 BNSS speaks of the finding on an acquittal on the ground of unsoundness of mind. It does not deal with the detention of a person acquitted on that ground. Section 374 BNSS is titled Person acquitted on ground of unsoundness of mind to be detained in safe custody.

Section 373 BNSS in the CrPC (Previous Law)

Section 373 BNSS replaces Section 334 CrPC from the old criminal code.

Section 334 CrPC and Section 373 BNSS have the same heading and the same text. They have no cross-references to other sections to renumber.

View CrPC Section 334 →

FAQs on Section 373 BNSS

What must the finding state under Section 373 BNSS?▼

Where a person is acquitted on the ground of unsoundness of mind, the finding shall state specifically whether the person committed the act or not.

On what ground must the person have been acquitted for Section 373 BNSS to apply?▼

The ground is that, at the time at which the person is alleged to have committed an offence, the person was, by reason of unsoundness of mind, incapable of knowing the nature of the act alleged as constituting the offence, or that it was wrong or contrary to law.

At what time must the unsoundness of mind have existed under Section 373 BNSS?▼

Section 373 BNSS speaks of the time at which the person is alleged to have committed an offence.

What changed from Section 334 CrPC to Section 373 BNSS from 1 July 2024?▼

Section 373 BNSS has the same heading and the same text as Section 334 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 ·