Section 374 BNSS: Person acquitted on ground of unsoundness of mind to be detained in safe custody

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 374 BNSS at a Glance

Section 374 BNSS deals with person acquitted on ground of unsoundness of mind to be detained in safe custody. It replaced Section 335 CrPC on 1 July 2024.

Was CrPC

Section 335 →

Section 374 BNSS Bare Act Text

(1) Whenever the finding states that the accused person committed the act alleged, the Magistrate or Court before whom or which the trial has been held, shall, if such act would, but for the incapacity found, have constituted an offence,—

(a) order such person to be detained in safe custody in such place and manner as the Magistrate or Court thinks fit; or

(b) order such person to be delivered to any relative or friend of such person.

(2) No order for the detention of the accused in a public mental health establishment shall be made under clause (a) of sub-section (1) otherwise than in accordance with such rules as the State Government may have made under the Mental Healthcare Act, 2017.

(3) No order for the delivery of the accused to a relative or friend shall be made under clause (b) of sub-section (1) except upon the application of such relative or friend and on his giving security to the satisfaction of the Magistrate or Court that the person delivered shall—

(a) be properly taken care of and prevented from doing injury to himself or to any other person;

(b) be produced for the inspection of such officer, and at such times and places, as the State Government may direct.

(4) The Magistrate or Court shall report to the State Government the action taken under sub-section (1).

Source: Section 374, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 374 BNSS in Simple Words

Section 374 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with a person acquitted on the ground of unsoundness of mind where the finding states that the accused person committed the act alleged.

If such act would, but for the incapacity found, have constituted an offence, the Magistrate or Court shall order that person to be detained in safe custody or delivered to a relative or friend.

The Magistrate or Court shall report the action taken to the State Government.

When Section 374 BNSS Applies

  • Under Section 374(1) BNSS, when the finding states that the accused person committed the act alleged, the Magistrate or Court before whom or which the trial has been held shall, if such act would, but for the incapacity found, have constituted an offence, make an order under Section 374(1)(a) BNSS or Section 374(1)(b) BNSS.
  • Section 374(1)(a) BNSS provides for an order that such person be detained in safe custody in such place and manner as the Magistrate or Court thinks fit. Section 374(1)(b) BNSS provides for an order that such person be delivered to any relative or friend of such person.
  • Under Section 374(2) BNSS, no order for the detention of the accused in a public mental health establishment shall be made under Section 374(1)(a) BNSS otherwise than in accordance with such rules as the State Government may have made under the Mental Healthcare Act, 2017.
  • Under Section 374(3) BNSS, no order for delivery of the accused to a relative or friend shall be made under Section 374(1)(b) BNSS except upon the application of such relative or friend and on his giving security to the satisfaction of the Magistrate or Court.
  • Under Section 374(4) BNSS, the Magistrate or Court shall report to the State Government the action taken under Section 374(1) BNSS.

Example of Section 374 BNSS

Under Section 373 of the Bharatiya Nagarik Suraksha Sanhita, 2023, Rahul is acquitted on the ground of unsoundness of mind, and the finding states that Rahul committed the act alleged. The act would, but for the incapacity found, have constituted an offence. Under Section 374(1)(a) BNSS, the Magistrate orders Rahul to be detained in safe custody in such place and manner as the Magistrate thinks fit. In another case, the Magistrate orders Suresh to be delivered to a relative under Section 374(1)(b) BNSS, after the brother of Suresh, Anil, applies and gives security to the satisfaction of the Magistrate that Suresh shall be properly taken care of and produced for inspection as the State Government may direct. The Magistrate shall report to the State Government the action taken.

When Section 374 BNSS Does Not Apply

  • Section 374(1) BNSS speaks of a case where the finding states that the accused person committed the act alleged. 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 374 BNSS speaks of detention in safe custody or delivery to a relative or friend. It does not deal with the power of the State Government to empower the officer in charge of the jail to discharge functions of the Inspector-General of Prisons, which is the subject of Section 375 BNSS.

Section 374 BNSS in the CrPC (Previous Law)

Section 374 BNSS replaced Section 335 CrPC from 1 July 2024.

Section 335 of the Code of Criminal Procedure, 1973 is found in Section 374 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The heading of Section 374 BNSS reads Person acquitted on ground of unsoundness of mind to be detained in safe custody where the heading of Section 335 CrPC read Person acquitted on such ground to be detained in safe custody. Section 374(2) BNSS reads public mental health establishment and the Mental Healthcare Act, 2017 where Section 335(2) CrPC read lunatic asylum and the Indian Lunacy Act, 1912. Section 374(1) BNSS, Section 374(3) BNSS and Section 374(4) BNSS have the same text as Section 335(1) CrPC, Section 335(3) CrPC and Section 335(4) CrPC.

Each sub-section below names its own source.

FAQs on Section 374 BNSS

What orders can the Magistrate or Court make under Section 374(1) BNSS?▼

Under Section 374(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, whenever the finding states that the accused person committed the act alleged, the Magistrate or Court shall, if such act would, but for the incapacity found, have constituted an offence, order such person to be detained in safe custody in such place and manner as the Magistrate or Court thinks fit, or order such person to be delivered to any relative or friend of such person.

What does Section 374(2) BNSS say about detention in a public mental health establishment?▼

Under Section 374(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, no order for the detention of the accused in a public mental health establishment shall be made under Section 374(1)(a) BNSS otherwise than in accordance with such rules as the State Government may have made under the Mental Healthcare Act, 2017.

What conditions apply to delivery to a relative or friend under Section 374(3) BNSS?▼

Under Section 374(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, no order for delivery of the accused to a relative or friend shall be made under Section 374(1)(b) BNSS except upon the application of such relative or friend and on his giving security to the satisfaction of the Magistrate or Court that the person delivered shall be properly taken care of and prevented from doing injury to himself or to any other person, and be produced for the inspection of such officer, and at such times and places, as the State Government may direct.

What changed from Section 335 CrPC to Section 374 BNSS from 1 July 2024?▼

From 1 July 2024, Section 374 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 335 of the Code of Criminal Procedure, 1973. The text is the same except for the following. The heading of Section 374 BNSS reads Person acquitted on ground of unsoundness of mind to be detained in safe custody where the heading of Section 335 CrPC read Person acquitted on such ground to be detained in safe custody. Section 374(2) BNSS reads public mental health establishment where Section 335(2) CrPC read lunatic asylum. Section 374(2) BNSS names the Mental Healthcare Act, 2017 where Section 335(2) CrPC named the Indian Lunacy Act.

Section 374 BNSS: Sub-sections Explained

Section 374(1) BNSS: Person acquitted on such ground to be detained in safe custody

▶

Bare Act Text

(1) Whenever the finding states that the accused person committed the act alleged, the Magistrate or Court before whom or which the trial has been held, shall, if such act would, but for the incapacity found, have constituted an offence,—

(a) order such person to be detained in safe custody in such place and manner as the Magistrate or Court thinks fit; or

(b) order such person to be delivered to any relative or friend of such person.

Previous Law

CrPC 335 → Section 374(1) BNSS

Section 374(2) BNSS: Person acquitted on such ground to be detained in safe custody

▶

Bare Act Text

(2) No order for the detention of the accused in a public mental health establishment shall be made under clause (a) of sub-section (1) otherwise than in accordance with such rules as the State Government may have made under the Mental Healthcare Act, 2017.

Previous Law

CrPC 335(2) → Section 374(2) BNSS

Section 374(3) BNSS: Person acquitted on such ground to be detained in safe custody

▶

Bare Act Text

(3) No order for the delivery of the accused to a relative or friend shall be made under clause (b) of sub-section (1) except upon the application of such relative or friend and on his giving security to the satisfaction of the Magistrate or Court that the person delivered shall—

(a) be properly taken care of and prevented from doing injury to himself or to any other person;

(b) be produced for the inspection of such officer, and at such times and places, as the State Government may direct.

Previous Law

CrPC 335(3) → Section 374(3) BNSS

Section 374(4) BNSS: Person acquitted on such ground to be detained in safe custody

▶

Bare Act Text

(4) The Magistrate or Court shall report to the State Government the action taken under sub-section (1).

Previous Law

CrPC 335(4) → Section 374(4) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·