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BNSS 2023 § 367

Definition

Provision of the Bharatiya Nagarik Suraksha Sanhita 2023 that governs proceedings when the accused appears to be of unsound mind and incapable of making their defence, requiring a judicial inquiry and a medical/psychological assessment, replacing CrPC §§ 328-330.

Governing code
Bharatiya Nagarik Suraksha Sanhita 2023
Replaces
CrPC 1973 Sections 328 to 330
Trigger
Accused appears of unsound mind, incapable of making a defence
Required step
Judicial inquiry with medical or psychological assessment

Common questions

What happens if an accused is found incapable of making a defence under this section?+

The trial or inquiry is postponed rather than proceeding to verdict. The accused is typically remanded for care or observation and the case is periodically reviewed, so proceedings resume once, and if, the person becomes capable of understanding and participating in their own defence.

Is a finding under BNSS 367 the same as an insanity acquittal?+

No. This section addresses fitness to stand trial at the present time, a procedural question, while the insanity defence under BNS Section 22 addresses the accused's mental state at the time of the offence, a substantive question going to guilt. A person can be unfit to stand trial today yet later be tried once fit.

Related terms

ACCT Process
Assessment, Care in Custody and Teamwork; the England and Wales Prison and Probation Service framework for identifying and managing prisoners at risk...
Estelle V. Gamble (1976)
US Supreme Court decision holding that deliberate indifference to a prisoner's serious medical need constitutes cruel and unusual punishment under the Eighth...
Mandela Rules
United Nations Standard Minimum Rules for the Treatment of Prisoners, adopted by the General Assembly in 2015; Rules 24-35 address health care...
Mental Healthcare Act 2017 § 103
Provision of India's Mental Healthcare Act 2017 establishing the rights of persons with mental illness who are in prison or other detention...
MHA 1983 § 47
UK Mental Health Act 1983 provision allowing the Secretary of State for Justice to transfer a sentenced prisoner to a psychiatric hospital...
MHA 1983 § 48
UK Mental Health Act 1983 provision equivalent to § 47 but applying to unsentenced (remand) prisoners; case law requires more prompt decision-making...
Sell V. United States (2003)
US Supreme Court case establishing the four-part test for when a court may authorise involuntary medication of a defendant for the purpose...

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