BNSS §371
If, when the accused appears or is again brought before the Magistrate.
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Comparison
332. 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 328 or section 329, as the case may be, and if the accused is found to be of unsound mind and consequently incapable making his defence, shall deal with such accused in accordance with the provisions of section 330.
371.
(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. Release of person of unsound mind pending investigation or trial. Resumption of inquiry or trial. Procedure on accused appearing before
What changedAI-inferred
Procedure on accused appearing before Magistrate or Court.
Old position
CrPC 332 is concerned with Procedure on accused appearing before Magistrate or Court. Procedure on accused appearing before Magistrate or Court
New position
BNSS 371 preserves the framework with drafting modernisations as required by the new code. Topic: If, when the accused appears or is again brought before the Magistrate.. 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
BNSS 371 (If, when the accused appears or is again brought before the Magistrate.) preserves the framework of CrPC 332. BNSS 371 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BNSS 371 text: If,...
Editorial deltaAI-indicated (source-linked)
BNSS 371 (If, when the accused appears or is again brought before the Magistrate.) preserves the framework of CrPC 332. BNSS 371 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BNSS 371 text: 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...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, CrPC 332 continues to apply. For matters from that date forward, BNSS 371 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNSS 371 (If, when the accused appears or is again brought before the Magistrate.). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Code of Criminal Procedure, 1973
- Gazette of India — Bharatiya Nagarik Suraksha Sanhita, 2023
Cite this page
Newlaws.in, CRPC §332 → BNSS §371 Mapping Page, last updated 2026-05-01, accessed 2026-06-14, https://newlaws.in/bnss/371.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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