Section 357 BNSS: Procedure Where Accused Does Not Understand Proceedings

Section 357 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides a special procedure for a case in which an accused person is not of unsound mind but still cannot be made to understand the court proceedings. It allows the inquiry or trial to continue, while providing an additional High Court safeguard if a court other than a High Court records a conviction.

Current law: The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023. Its provisions generally came into force on 1 July 2024.

Text and Meaning of Section 357 BNSS

Section 357 - Procedure where accused does not understand proceedings.

If the accused, though not a person of unsound mind, cannot be made to understand the proceedings, the Court may proceed with the inquiry or trial. If the court is a court other than a High Court and the proceedings result in conviction, the proceedings must be forwarded to the High Court together with a report explaining the circumstances. The High Court may then pass such order as it considers appropriate.

The provision addresses inability to understand the proceedings without treating the accused as a person of unsound mind. This distinction is important because the BNSS contains separate provisions dealing with accused persons who are of unsound mind.

When Section 357 Applies

Section 357 applies where all of the following features are present:

the person is an accused in an inquiry or trial;
the accused is not a person of unsound mind for the purpose of the provision;
despite that, the accused cannot be made to understand the proceedings; and
the court must decide whether the inquiry or trial should continue under the statutory procedure.

Power of the Court to Continue the Inquiry or Trial

The section expressly states that the Court may proceed with the inquiry or trial even though the accused cannot be made to understand the proceedings. The use of the word "may" gives the Court authority to continue, but the exercise of that power remains subject to the statutory safeguard that follows where a conviction is recorded by a court other than a High Court.

What Happens if the Accused is Convicted

If the proceedings are before a court other than a High Court and end in conviction, the lower court must forward the proceedings to the High Court with a report describing the circumstances of the case. The High Court then considers the matter and passes such order as it thinks fit.

This requirement gives the High Court a supervisory role in a conviction recorded despite the accused being unable to understand the proceedings.

Difference Between Inability to Understand and Unsoundness of Mind

Section 357 itself begins from the premise that the accused is not a person of unsound mind. It therefore deals with a different situation from the BNSS provisions that specifically govern inquiry or trial where an accused appears to be of unsound mind or incapable of making a defence because of mental condition.

Practical point: The court record should clearly reflect the circumstances showing that the accused cannot be made to understand the proceedings, because those circumstances become especially important if a conviction has to be reported to the High Court under Section 357.

Corresponding Provision Under the Code of Criminal Procedure, 1973

Section 357 BNSS corresponds to Section 318 of the Code of Criminal Procedure, 1973. The subject and operative procedure are substantially the same, although the BNSS uses the expression "though not a person of unsound mind".

Related BNSS Provisions

Section 357 appears in the group of provisions dealing with general procedure during inquiries and trials. Readers may also refer to the immediately preceding and succeeding provisions dealing with trial in absentia, proceeding against other persons appearing guilty, compounding of offences, and withdrawal from prosecution.

Official Legal Sources

For the authoritative statutory text and updates, consult the India Code entry for the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Ministry of Home Affairs - New Criminal Laws.