If an accused person found under Section 367 or 368 of the BNSS, 2023 is incapable of entering defence by reason of unsoundness of mind, the Magistrate or Court may:-

release such person on bail if the offence committed is bailable

release such person on bail if the offence committed is compoundable

release such person on bail if the offence committed is not severe

release such person whether the offence committed is bailable or not

To whom shall the Court send an action taken report when an accused of unsound mind cannot be granted bail and is kept at an appropriate place for psychiatric treatment?

Principal District & Sessions Judge

When, during committal proceedings, a Magistrate after holding an inquiry finds that the accused is of unsound mind and consequently incapable of making any defence:-

He shall acquit him forthwith since the finding of unsound mind reflects absence of mens rea

He shall postpone further proceedings in the case but may resume it after the person has ceased to be of unsound mind

He shall postpone further proceedings in the case but may not resume it even after the person has ceased to be of unsound mind since that would constitute double jeopardy

He shall commit the case to Sessions Court

A judgment or finding of acquittal on the ground of unsoundness of mind under Section 373 of the BNSS, 2023:-

may state when said person committed the act

may state when said person does not committed the act

may state whether said person committed the act or not

shall state specifically whether said person committed the act or not

📖 Bharatiya Nagarik Suraksha Sanhita (BNSS)•🎯 8 Practice MCQs

Chapter XXVII: Provisions as to Accused Persons of Unsound Mind (Sections 387–401)

Chapter-wise objective questions with statutory bare act articles, landmark Supreme Court case laws, and past judicial service citations.

unsound-mind-accusedchapter-27section-367magistrate-procedure-insanitysection-367-3appeal-medical-boardpsychologist-reportsection-369bail-unsound-mindrelease-rulessection-369-1bail-exception-insanity

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Chapter XXVII: Provisions as to Accused Persons of Unsound Mind (Sections 387–401) • 8 Questions

📚 Chapter Practice Coverage

This practice module for Chapter XXVII: Provisions as to Accused Persons of Unsound Mind (Sections 387–401) contains 8 Multiple Choice Questions tailored for State Judicial Service Preliminary Examinations (including UP PCS-J, Delhi Judicial Service, Bihar Judiciary, MP Judiciary, Rajasthan Judicial Service), CLAT LL.M, All India Bar Examination (AIBE), and UGC-NET Law.

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