Section 376

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

The Bharatiya Nagarik Suraksha Sanhita, 2023

  • Act 46 of 2023
  • Ministry of Home Affairs
  • Department of Internal Security
About this Act

An Act to consolidate and amend the law relating to Criminal Procedure.

All sections

Chapter XXVII: Provisions as to accused persons of unsound mind Sections 367 to 378

    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 (10 of 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: India Code (Legislative Department, Govt. of India). Check the official Gazette before relying on it in court. Not legal advice. Free legal aid: 15100 (NALSA) · Know your rights

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