Section 376 BNSS: Procedure where prisoner of unsound mind is reported capable of making his defence

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 376 BNSS at a Glance

Section 376 BNSS deals with procedure where prisoner of unsound mind is reported capable of making his defence. It replaced Section 337 CrPC on 1 July 2024.

Was CrPC

Section 337 →

Section 376 BNSS Bare Act Text

376. Procedure where lunatic prisoner is reported capable of making his defence

Procedure where prisoner of unsound mind is reported capable of making his defence.

If a person is detained under the provisions of sub-section (2) of section 369, and in the case of a person detained in a jail, the Inspector-General of Prisons, or, in the case of a person detained in a public mental health establishment, the Mental Health Review Board constituted under the Mental Healthcare Act, 2017, shall certify that, in his or their opinion, such person is capable of making his defence, he shall be taken before the Magistrate or Court, as the case may be, at such time as the Magistrate or Court appoints, and the Magistrate or Court shall deal with such person under the provisions of section 371; and the certificate of such Inspector-General or visitors as aforesaid shall be receivable as evidence.

Source: Section 376, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 376 BNSS in Simple Words

Section 376 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with a person detained under Section 369(2) BNSS.

If the Inspector-General of Prisons, for a person detained in a jail, or the Mental Health Review Board constituted under the Mental Healthcare Act, 2017, for a person detained in a public mental health establishment, shall certify that such person is capable of making his defence, such person shall be taken before the Magistrate or Court.

The Magistrate or Court shall deal with such person under Section 371 BNSS.

When Section 376 BNSS Applies

  • Section 376 BNSS applies to a person detained under the provisions of Section 369(2) BNSS.
  • The certificate is given by the Inspector-General of Prisons in the case of a person detained in a jail, or by the Mental Health Review Board constituted under the Mental Healthcare Act, 2017, in the case of a person detained in a public mental health establishment.
  • On a certificate that, in his or their opinion, such person is capable of making his defence, such person shall be taken before the Magistrate or Court, as the case may be, at such time as the Magistrate or Court appoints.
  • The Magistrate or Court shall deal with such person under the provisions of Section 371 BNSS, and the certificate of such Inspector-General or visitors as aforesaid shall be receivable as evidence.

Example of Section 376 BNSS

Mahesh is detained in a jail under Section 369(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The Inspector-General of Prisons certifies that, in the opinion of the Inspector-General, Mahesh is capable of making a defence. Mahesh shall be taken before the Magistrate at such time as the Magistrate appoints, and the Magistrate shall deal with Mahesh under the provisions of Section 371 BNSS. The certificate of the Inspector-General shall be receivable as evidence.

When Section 376 BNSS Does Not Apply

  • Section 376 BNSS speaks of a person certified to be capable of making his defence. It does not deal with a person detained who is declared fit to be released, which is the subject of Section 377 BNSS.
  • Section 376 BNSS speaks of a person detained under Section 369(2) BNSS. It does not deal with the delivery of a person of unsound mind to the care of a relative or friend, which is the subject of Section 378 BNSS.

Section 376 BNSS in the CrPC (Previous Law)

Section 376 BNSS replaces Section 337 CrPC from the old criminal code.

Section 337 of the Code of Criminal Procedure, 1973 is found in Section 376 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The heading of Section 376 BNSS reads prisoner of unsound mind where the heading of Section 337 CrPC read lunatic prisoner. Section 376 BNSS opens with a person where Section 337 CrPC opened with such person. It refers to Section 369(2) BNSS and Section 371 BNSS where Section 337 CrPC referred to Section 330(2) CrPC and Section 332 CrPC. It reads public mental health establishment where Section 337 CrPC read lunatic asylum, and the Mental Health Review Board constituted under the Mental Healthcare Act, 2017 where Section 337 CrPC read the visitors of such asylum, or any two of them.

View CrPC Section 337 →

FAQs on Section 376 BNSS

Who certifies under Section 376 BNSS that a detained person is capable of making his defence?▼

Under Section 376 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the certificate is given by the Inspector-General of Prisons in the case of a person detained in a jail, or by the Mental Health Review Board constituted under the Mental Healthcare Act, 2017, in the case of a person detained in a public mental health establishment. The certificate is that, in his or their opinion, such person is capable of making his defence.

What happens after the certificate under Section 376 BNSS?▼

Under Section 376 of the Bharatiya Nagarik Suraksha Sanhita, 2023, such person shall be taken before the Magistrate or Court, as the case may be, at such time as the Magistrate or Court appoints. The Magistrate or Court shall deal with such person under the provisions of Section 371 BNSS. The certificate of such Inspector-General or visitors as aforesaid shall be receivable as evidence.

Which detention does Section 376 BNSS apply to?▼

Section 376 of the Bharatiya Nagarik Suraksha Sanhita, 2023 applies where a person is detained under the provisions of Section 369(2) BNSS. It speaks of a person detained in a jail and of a person detained in a public mental health establishment.

What changed from Section 337 CrPC to Section 376 BNSS from 1 July 2024?▼

From 1 July 2024, Section 376 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 337 of the Code of Criminal Procedure, 1973. The heading of Section 376 BNSS reads Procedure where prisoner of unsound mind is reported capable of making his defence where the heading of Section 337 CrPC read Procedure where lunatic prisoner is reported capable of making his defence. Section 376 BNSS opens with a person where Section 337 CrPC opened with such person. Section 376 BNSS refers to Section 369(2) BNSS where Section 337 CrPC referred to Section 330(2) CrPC, and to Section 371 BNSS where Section 337 CrPC referred to Section 332 CrPC. Section 376 BNSS reads public mental health establishment where Section 337 CrPC read lunatic asylum. Section 376 BNSS reads the Mental Health Review Board constituted under the Mental Healthcare Act, 2017 where Section 337 CrPC read the visitors of such asylum, or any two of them.

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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: 22 Oct 2026 ·