Section 371 BNSS: Procedure on Accused Appearing Before Magistrate or Court
Section 371 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) governs what a Magistrate or Court must do when an accused who had earlier been found incapable of making a defence appears, or is brought, before the Court again. The provision focuses on whether the accused is now capable of defending the case.
Text of Section 371 BNSS
371. Procedure on accused appearing before Magistrate or Court.
(1) If, when the accused appears or is again brought before the Magistrate or Court, as the case may be, the Magistrate or Court considers him capable of making his defence, the inquiry or trial shall proceed.
(2) If the Magistrate or Court considers the accused to be still incapable of making his defence, the Magistrate or Court shall act according to the provisions of section 367 or section 368, as the case may be, and if the accused is found to be of unsound mind and consequently incapable of making his defence, shall deal with such accused in accordance with the provisions of section 369.
Meaning and Scope of Section 371
Section 371 is a procedural provision within Chapter XXVII of the BNSS, which contains provisions concerning accused persons of unsound mind. It applies when proceedings had been affected by the accused's inability to make a defence and the accused later appears, or is brought, before the Magistrate or Court.
The central question is the accused's present capacity to make a defence. The Court must assess whether the accused is capable of understanding and participating in the proceedings sufficiently for the inquiry or trial to continue.
Procedure Under Section 371
- Accused appears again: The accused appears or is brought again before the Magistrate or Court.
- Assessment of capacity: The Magistrate or Court considers whether the accused is capable of making a defence.
- If capable: Under Section 371(1), the inquiry or trial proceeds.
- If still incapable: Under Section 371(2), the Magistrate or Court must act under Section 367 or Section 368, as applicable.
- If unsoundness of mind and consequential incapacity are found: The accused is to be dealt with in accordance with Section 369.
Connection With Sections 367, 368 and 369
Section 371 expressly links the Court's decision to the preceding provisions. Section 367 BNSS deals with the procedure when an accused before a Magistrate is a person of unsound mind. Section 368 BNSS addresses the corresponding situation when a person of unsound mind is tried before a Court. Section 369 BNSS governs release of a person of unsound mind pending investigation or trial.
What Happens If the Accused Becomes Capable of Defence?
If the Magistrate or Court considers the accused capable of making a defence, Section 371(1) requires the inquiry or trial to proceed. The provision therefore provides the procedural bridge for resuming the criminal case once the accused is fit to participate in the defence.
What Happens If the Accused Remains Incapable?
If the accused remains incapable of making a defence, Section 371(2) prevents the Court from simply continuing the case in the ordinary manner. Instead, the Court must follow the safeguards and procedure in Section 367 or Section 368, as applicable, and Section 369 where the statutory conditions are satisfied.
Related BNSS Provisions
The provisions immediately following Section 371 continue the statutory scheme dealing with mental condition, acquittal on the ground of unsoundness of mind, safe custody and subsequent release. See Section 372, Section 373 and Section 374.
Official Source
For the current statutory text and Act details, refer to the Bharatiya Nagarik Suraksha Sanhita, 2023 on India Code. The Ministry of Home Affairs also provides the text of the new criminal laws.
Frequently Asked Questions
What is Section 371 of BNSS?
It is the provision that governs the procedure when an accused who had been incapable of making a defence appears or is brought again before the Magistrate or Court.
Can the inquiry or trial resume under Section 371?
Yes. If the Magistrate or Court considers the accused capable of making a defence, Section 371(1) provides that the inquiry or trial shall proceed.
What if the accused is still incapable of making a defence?
The Court must proceed under Section 367 or Section 368, as applicable. If the accused is found to be of unsound mind and consequently incapable of making a defence, Section 369 applies.
This page is intended for general legal information. For application of the BNSS to a particular criminal case, the facts, stage of proceedings, medical material and applicable judicial directions should be considered.