Section 370 BNSS - Resumption of Inquiry or Trial

Section 370 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with resumption of an inquiry or trial that was postponed because the accused was found incapable of making a defence by reason of unsoundness of mind. It operates with Sections 367, 368 and 369, and is followed by Section 371, which addresses the accused's capacity when he or she appears again before the Magistrate or Court.

Current law: The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023. Its provisions, subject to the notified exception concerning the First Schedule entry relating to Section 106(2) of the Bharatiya Nyaya Sanhita, came into force on 1 July 2024.

Text of Section 370 BNSS

370. Resumption of inquiry or trial. - (1) Whenever an inquiry or a trial is postponed under section 367 or section 368, the Magistrate or Court, as the case may be, may at any time after the person concerned has ceased to be of unsound mind, resume the inquiry or trial and require the accused to appear or be brought before such Magistrate or Court.

(2) When the accused has been released under section 369, and the sureties for his appearance produce him to the officer whom the Magistrate or Court appoints in this behalf, the certificate of such officer that the accused is capable of making his defence shall be receivable in evidence.

What Section 370 Means

Section 370 provides the procedural bridge for restarting criminal proceedings after a postponement caused by the accused's incapacity to make a defence. The power to resume arises after the person concerned has ceased to be of unsound mind. The Magistrate or Court may then require the accused to appear or to be brought before it.

Where the accused had earlier been released under Section 369 BNSS, subsection (2) addresses the evidentiary use of a certificate given by the officer appointed by the Magistrate or Court. If the sureties produce the accused before that officer, the officer's certificate that the accused is capable of making a defence is receivable in evidence.

Key Elements of Section 370

The inquiry or trial must previously have been postponed under Section 367 or Section 368.
Resumption is contemplated after the person concerned has ceased to be of unsound mind.
The Magistrate or Court may direct the accused to appear or be brought before it.
If the accused had been released under Section 369, the sureties may produce the accused before an officer appointed for that purpose.
The appointed officer's certificate that the accused is capable of making a defence is receivable in evidence.

Related BNSS Provisions

Provision	Subject	Relationship with Section 370
Section 367	Procedure in case of accused being person of unsound mind	One of the provisions under which an inquiry may be postponed before Section 370 is invoked.
Section 368	Procedure in case of person of unsound mind tried before Court	One of the provisions under which a trial may be postponed before later resumption.
Section 369	Release of person of unsound mind pending investigation or trial	Section 370(2) applies where an accused released under Section 369 is produced by the sureties.
Section 371	Procedure on accused appearing before Magistrate or Court	Deals with what follows when the accused appears or is brought before the Court and capacity to make a defence is considered.

Meaning of Important Terms

Inquiry

Under Section 2(1)(k) BNSS, an "inquiry" means every inquiry, other than a trial, conducted under the Sanhita by a Magistrate or Court.

Capable of making a defence

In the context of Sections 367 to 371, the expression concerns the accused's capacity to understand and participate sufficiently in the criminal proceedings so that the inquiry or trial may lawfully proceed. Section 370 itself does not create a separate medical test; it operates within the procedural framework laid down by the surrounding provisions.

Corresponding Provision Under the CrPC, 1973

Section 370 BNSS broadly corresponds to Section 331 of the Code of Criminal Procedure, 1973, which was also titled "Resumption of inquiry or trial." The BNSS provision retains the same core mechanism while renumbering the connected provisions as Sections 367, 368 and 369.

Practical point: Section 370 should be read with Sections 367 to 371 as a connected procedural scheme. Whether a particular inquiry or trial can resume depends on the judicial findings and evidence in the individual case.

Official Sources

For the authoritative statutory text and commencement notification, refer to the official Government of India sources listed in the sidebar. The bare provision reproduced above should be read together with any applicable rules, notifications and judicial decisions.

This page provides general legal information and the text of the statutory provision. It is not a substitute for legal advice on the facts of a particular case.