Section 378 BNSS: Delivery of person of unsound mind to care of relative or friend
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 378 BNSS at a Glance
Section 378 BNSS deals with delivery of person of unsound mind to care of relative or friend. It replaced Section 339 CrPC on 1 July 2024.
Section 378 BNSS Bare Act Text
(1) Whenever any relative or friend of any person detained under the provisions of section 369 or section 374 desires that he shall be delivered to his care and custody, the State Government may, upon the application of such relative or friend and on his giving security to the satisfaction of such State Government, 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;
(c) in the case of a person detained under sub-section (2) of section 369, be produced when required before such Magistrate or Court, order such person to be delivered to such relative or friend.
(2) If the person so delivered is accused of any offence, the trial of which has been postponed by reason of his being of unsound mind and incapable of making his defence, and the inspecting officer referred to in clause (b) of sub-section (1), certifies at any time to the Magistrate or Court that such person is capable of making his defence, such Magistrate or Court shall call upon the relative or friend to whom such accused was delivered to produce him before the Magistrate or Court; and, upon such production the Magistrate or Court shall proceed in accordance with the provisions of section 371, and the certificate of the inspecting officer shall be receivable as evidence.
Source: Section 378, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 378 BNSS in Simple Words
Section 378 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with a relative or friend of a person detained under Section 369 BNSS or Section 374 BNSS who desires that he shall be delivered to his care and custody.
The State Government may, upon the application of such relative or friend and on his giving security to the satisfaction of such State Government, order such person to be delivered to such relative or friend.
If the person so delivered is accused of an offence and is certified capable of making his defence, the relative or friend shall produce him before the Magistrate or Court, which shall proceed in accordance with the provisions of Section 371 BNSS.
When Section 378 BNSS Applies
- Under Section 378(1) BNSS, the section applies whenever any relative or friend of any person detained under the provisions of Section 369 BNSS or Section 374 BNSS desires that he shall be delivered to his care and custody.
- Under Section 378(1) BNSS, the State Government may, upon the application of such relative or friend and on his giving security to the satisfaction of such State Government, order such person to be delivered to such relative or friend.
- Under Section 378(1)(a) BNSS and Section 378(1)(b) BNSS, the security is 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.
- Under Section 378(1)(c) BNSS, in the case of a person detained under Section 369(2) BNSS, the security is that he shall be produced when required before such Magistrate or Court.
- Under Section 378(2) BNSS, if the person so delivered is accused of any offence, the trial of which has been postponed by reason of his being of unsound mind and incapable of making his defence, and the inspecting officer certifies at any time to the Magistrate or Court that such person is capable of making his defence, the Magistrate or Court shall call upon the relative or friend to produce him, and shall proceed in accordance with the provisions of Section 371 BNSS.
Example of Section 378 BNSS
When Section 378 BNSS Does Not Apply
- Section 378 BNSS speaks of delivery to the care and custody of a relative or friend. It does not deal with the procedure where a person detained is declared fit to be released, which is the subject of Section 377 BNSS.
- Section 378 BNSS speaks of a person detained under Section 369 BNSS or Section 374 BNSS. It does not deal with a prisoner reported capable of making his defence, which is the subject of Section 376 BNSS.
Section 378 BNSS in the CrPC (Previous Law)
Section 378 BNSS replaced Section 339 CrPC from 1 July 2024.
Section 339 of the Code of Criminal Procedure, 1973 is found in Section 378 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The heading of Section 378 BNSS reads person of unsound mind where the heading of Section 339 CrPC read lunatic. Section 378 BNSS refers to Section 369 BNSS, Section 374 BNSS and Section 371 BNSS where Section 339 CrPC referred to Section 330 CrPC, Section 335 CrPC and Section 332 CrPC. The rest of the text is the same.
Each sub-section below names its own source.
FAQs on Section 378 BNSS
Who may apply for delivery of a detained person under Section 378(1) BNSS?▼
Under Section 378(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, any relative or friend of any person detained under the provisions of Section 369 BNSS or Section 374 BNSS may apply, if he desires that the person shall be delivered to his care and custody. The State Government may act upon the application of such relative or friend and on his giving security to the satisfaction of such State Government.
What security must be given under Section 378(1) BNSS?▼
Under Section 378(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the security is 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. In the case of a person detained under Section 369(2) BNSS, the security is also that he shall be produced when required before such Magistrate or Court.
What happens under Section 378(2) BNSS if the person delivered is certified capable of making his defence?▼
Under Section 378(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, if the inspecting officer certifies at any time to the Magistrate or Court that such person is capable of making his defence, the Magistrate or Court shall call upon the relative or friend to produce him. Upon such production the Magistrate or Court shall proceed in accordance with the provisions of Section 371 BNSS, and the certificate of the inspecting officer shall be receivable as evidence.
What changed from Section 339 CrPC to Section 378 BNSS from 1 July 2024?▼
From 1 July 2024, Section 378 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 339 of the Code of Criminal Procedure, 1973. The heading of Section 378 BNSS reads Delivery of person of unsound mind to care of relative or friend where the heading of Section 339 CrPC read Delivery of lunatic to care of relative or friend. Section 378(1) BNSS refers to Section 369 BNSS and Section 374 BNSS where Section 339(1) CrPC referred to Section 330 CrPC and Section 335 CrPC. Section 378(1)(c) BNSS refers to Section 369(2) BNSS where Section 339(1)(c) CrPC referred to Section 330(2) CrPC. Section 378(2) BNSS refers to Section 371 BNSS where Section 339(2) CrPC referred to Section 332 CrPC.
Section 378 BNSS: Sub-sections Explained
Section 378(1) BNSS: Delivery of lunatic to care of relative or friend
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Bare Act Text
(1) Whenever any relative or friend of any person detained under the provisions of section 369 or section 374 desires that he shall be delivered to his care and custody, the State Government may, upon the application of such relative or friend and on his giving security to the satisfaction of such State Government, 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;
(c) in the case of a person detained under sub-section (2) of section 369, be produced when required before such Magistrate or Court, order such person to be delivered to such relative or friend.
Section 378(2) BNSS: Delivery of lunatic to care of relative or friend
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Bare Act Text
(2) If the person so delivered is accused of any offence, the trial of which has been postponed by reason of his being of unsound mind and incapable of making his defence, and the inspecting officer referred to in clause (b) of sub-section (1), certifies at any time to the Magistrate or Court that such person is capable of making his defence, such Magistrate or Court shall call upon the relative or friend to whom such accused was delivered to produce him before the Magistrate or Court; and, upon such production the Magistrate or Court shall proceed in accordance with the provisions of section 371, and the certificate of the inspecting officer shall be receivable as evidence.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·