What Is BNSS Section 357?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 357: Procedure Where Accused Does Not Understand Proceedings

If the accused, though not a person with mental illness, cannot be made to understand the proceedings, the Court may proceed with the inquiry or trial; and, in the case of a Court other than a High Court, if such proceedings result in a conviction, the proceedings shall be forwarded to the High Court with a report of the circumstances of the case, and the High Court shall pass thereon such order as it thinks fit.

Brefe Detail

Section 357 of the Bharatiya Nagarik Suraksha Sanhita, 2023 addresses situations where an accused individual cannot comprehend court proceedings, even if they do not have a mental illness. In such cases, the Court is permitted to continue with the trial or inquiry. If a conviction occurs in a lower court, the case is sent to the High Court, which will then determine the appropriate course of action based on the report provided.

Question & Answers

Q: What happens if the accused cannot understand the proceedings?

A: The Court may continue with the inquiry or trial even if the accused does not understand.

Q: Is the accused required to have a mental illness to not understand the proceedings?

A: No, the accused does not need to be a person with mental illness to be unable to understand the proceedings.

Q: What occurs if the trial results in a conviction in a lower court?

A: The proceedings must be forwarded to the High Court, along with a report of the case circumstances.

Q: What authority does the High Court have regarding the forwarded proceedings?

A: The High Court can pass any order it deems fit based on the circumstances of the case.

Example

• An accused person appears in court but struggles to comprehend the legal terminology and procedures. The Court continues the trial despite this challenge.
• After a conviction in a lower court, the case is submitted to the High Court, which reviews the circumstances and decides on further action.

Summary

Section 357 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides a framework for handling cases where an accused individual cannot understand court proceedings. It allows the Court to proceed with trials under these circumstances and mandates that any resulting convictions in lower courts be forwarded to the High Court for further review and appropriate orders.