What Is BNSS Section 374?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 374: Person Acquitted on Ground of Mental Illness to be Detained in Safe Custody

(1) Whenever the finding states that the accused person committed the act alleged, the Magistrate or Court before whom or which the trial has been held, shall, if such act would, but for the incapacity found, have constituted an offence—

(a) order such person to be detained in safe custody in such place and manner as the Magistrate or Court thinks fit; or

(b) order such person to be delivered to any relative or friend of such person.

(2) No order for the detention of the accused in a public mental health establishment shall be made under clause (a) of sub-section (1) otherwise than in accordance with such rules as the State Government may have made under the Mental Healthcare Act, 2017.

(3) No order for the delivery of the accused to a relative or friend shall be made under clause (b) of sub-section (1) except upon the application of such relative or friend and on his giving security to the satisfaction of the Magistrate or Court 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.

(4) The Magistrate or Court shall report to the State Government the action taken under sub-section (1).

Brief Detail

Section 374 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the procedures for detaining individuals who are acquitted on the grounds of mental illness. It provides guidelines for their safe custody, including options for detention or delivery to relatives, while ensuring their care and compliance with legal requirements.

Question & Answers

Q1: What does Section 374 address?

A1: It addresses the detention of persons acquitted on the ground of mental illness.

Q2: What actions can the Magistrate or Court take if the accused committed the act alleged?

A2: They can order the person to be detained in safe custody or delivered to a relative or friend.

Q3: Under what conditions can the accused be detained in a public mental health establishment?

A3: Detention in a public mental health establishment must comply with rules made under the Mental Healthcare Act, 2017.

Q4: What must relatives provide to receive the accused?

A4: Relatives must apply and give security that the person will be taken care of and prevented from harming themselves or others.

Q5: What does the Magistrate or Court need to report to the State Government?

A5: They must report the action taken under sub-section (1).

Example

- Example 1: A defendant is acquitted due to mental illness. The court orders them to be detained in a safe custody facility until their condition is assessed.

- Example 2: A family member applies to take custody of an individual who has been acquitted. The court grants this request, provided the family member gives security and ensures the individual's safety.

Summary

Section 374 of the Bharatiya Nagarik Suraksha Sanhita, 2023, establishes the protocols for the safe custody of individuals acquitted on mental illness grounds, detailing the options for detention and the responsibilities of relatives in ensuring the well-being of the accused.