Section 377 BNSS: Procedure where person of unsound mind detained is declared fit to be released
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 377 BNSS at a Glance
Section 377 BNSS deals with procedure where person of unsound mind detained is declared fit to be released. It replaced Section 338 CrPC on 1 July 2024.
Section 377 BNSS Bare Act Text
(1) If a person is detained under the provisions of sub-section (2) of section 369, or section 374, and such Inspector-General or visitors shall certify that, in his or their judgment, he may be released without danger of his doing injury to himself or to any other person, the State Government may thereupon order him to be released, or to be detained in custody, or to be transferred to a public mental health establishment if he has not been already sent to such establishment; and, in case it orders him to be transferred to a public mental health establishment, may appoint a Commission, consisting of a Judicial and two medical officers.
(2) Such Commission shall make a formal inquiry into the state of mind of such person, take such evidence as is necessary, and shall report to the State Government, which may order his release or detention as it thinks fit.
Source: Section 377, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 377 BNSS in Simple Words
Section 377 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with a person detained under Section 369(2) BNSS or Section 374 BNSS, where the Inspector-General or visitors certify that, in his or their judgment, he may be released without danger of his doing injury to himself or to any other person.
The State Government may then order him to be released, or to be detained in custody, or to be transferred to a public mental health establishment.
If it orders him to be transferred to a public mental health establishment, it may appoint a Commission, consisting of a Judicial and two medical officers, which makes a formal inquiry into the state of mind of such person.
When Section 377 BNSS Applies
- Under Section 377(1) BNSS, the section applies if a person is detained under the provisions of Section 369(2) BNSS or Section 374 BNSS, and such Inspector-General or visitors shall certify that, in his or their judgment, he may be released without danger of his doing injury to himself or to any other person.
- Under Section 377(1) BNSS, the State Government may thereupon order him to be released, or to be detained in custody, or to be transferred to a public mental health establishment if he has not been already sent to such establishment.
- Under Section 377(1) BNSS, in case the State Government orders him to be transferred to a public mental health establishment, it may appoint a Commission, consisting of a Judicial and two medical officers.
- Under Section 377(2) BNSS, such Commission shall make a formal inquiry into the state of mind of such person, take such evidence as is necessary, and shall report to the State Government, which may order his release or detention as it thinks fit.
Example of Section 377 BNSS
When Section 377 BNSS Does Not Apply
- Section 377 BNSS speaks of a person detained who is certified as one who may be released without danger of his doing injury to himself or to any other person. It does not deal with a person certified to be capable of making his defence, which is the subject of Section 376 BNSS.
- Section 377 BNSS speaks of the State Government ordering release, detention in custody or transfer. 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 377 BNSS in the CrPC (Previous Law)
Section 377 BNSS replaced Section 338 CrPC from 1 July 2024.
Section 338 of the Code of Criminal Procedure, 1973 is found in Section 377 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The heading of Section 377 BNSS reads person of unsound mind detained where the heading of Section 338 CrPC read lunatic detained. Section 377(1) BNSS opens with a person where Section 338(1) CrPC opened with such person. It refers to Section 369(2) BNSS and Section 374 BNSS where Section 338(1) CrPC referred to Section 330(2) CrPC and Section 335 CrPC. It reads public mental health establishment where Section 338(1) CrPC read public lunatic asylum. Section 377(2) BNSS has the same text as Section 338(2) CrPC.
Each sub-section below names its own source.
FAQs on Section 377 BNSS
When does Section 377(1) BNSS apply to a detained person?▼
Under Section 377(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the provision applies if a person is detained under the provisions of Section 369(2) BNSS or Section 374 BNSS, and such Inspector-General or visitors shall certify that, in his or their judgment, he may be released without danger of his doing injury to himself or to any other person.
What may the State Government order under Section 377(1) BNSS?▼
Under Section 377(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the State Government may thereupon order him to be released, or to be detained in custody, or to be transferred to a public mental health establishment if he has not been already sent to such establishment. In case it orders him to be transferred to a public mental health establishment, it may appoint a Commission, consisting of a Judicial and two medical officers.
What does the Commission do under Section 377(2) BNSS?▼
Under Section 377(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, such Commission shall make a formal inquiry into the state of mind of such person, take such evidence as is necessary, and shall report to the State Government, which may order his release or detention as it thinks fit.
What changed from Section 338 CrPC to Section 377 BNSS from 1 July 2024?▼
From 1 July 2024, Section 377 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 338 of the Code of Criminal Procedure, 1973. The heading of Section 377 BNSS reads Procedure where person of unsound mind detained is declared fit to be released where the heading of Section 338 CrPC read Procedure where lunatic detained is declared fit to be released. Section 377(1) BNSS opens with a person where Section 338(1) CrPC opened with such person. Section 377(1) BNSS refers to Section 369(2) BNSS and Section 374 BNSS where Section 338(1) CrPC referred to Section 330(2) CrPC and Section 335 CrPC. Section 377(1) BNSS reads public mental health establishment where Section 338(1) CrPC read public lunatic asylum. Section 377(2) BNSS has the same text as Section 338(2) CrPC.
Section 377 BNSS: Sub-sections Explained
Section 377(1) BNSS: Procedure where lunatic detained is declared fit to be released
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Bare Act Text
(1) If a person is detained under the provisions of sub-section (2) of section 369, or section 374, and such Inspector-General or visitors shall certify that, in his or their judgment, he may be released without danger of his doing injury to himself or to any other person, the State Government may thereupon order him to be released, or to be detained in custody, or to be transferred to a public mental health establishment if he has not been already sent to such establishment; and, in case it orders him to be transferred to a public mental health establishment, may appoint a Commission, consisting of a Judicial and two medical officers.
Section 377(2) BNSS: Procedure where lunatic detained is declared fit to be released
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Bare Act Text
(2) Such Commission shall make a formal inquiry into the state of mind of such person, take such evidence as is necessary, and shall report to the State Government, which may order his release or detention as it thinks fit.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·