BNSS §374
acquitted on ground of of mind to be 10 of 2017.
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335. Person acquitted on such ground to be detained in safe custody.—(1) Whenever the finding states that the accused person committed the act alleged, the Magistrate or Court before whom or which the trial has been held, shall, if such act would, but for the incapacity found, have constituted an offence,— (a) order such person to be detained in safe custody in such place and manner as the Magistrate or Court thinks fit; or (b) order such person to be delivered to any relative or friend of such person.
(2) No order for the detention of the accused in a lunatic asylum shall be made under clause (a) of sub-section
(1) otherwise than in accordance with such rules as the State Government may have made under the Indian Lunacy Act, 1912 (4 of 1912).
(3) No order for the delivery of the accused to a relative or friend shall be made under clause (b) of sub-section
(1) except upon the application of such relative or friend and on his giving security to the satisfaction of the Magistrate or Court that the person delivered shall— (a) be properly taken care of and prevented from doing injury to himself or to any other person; (b) be produced for the inspection of such officer, and at such times and places, as the State Government may direct.
(4) The Magistrate or Court shall report to the State Government the action taken under sub-section (1).
374.
(1) Whenever the finding states that the accused person committed the act alleged, the Magistrate or Court before whom or which the trial has been held, shall, if such act would, but for the incapacity found, have constituted an offence,— (a) order such person to be detained in safe custody in such place and manner as the Magistrate or Court thinks fit; or (b) order such person to be delivered to any relative or friend of such person.
(2) No order for the detention of the accused in a public mental health establishment shall be made under clause (a) of sub-section
(1) otherwise than in accordance with such rules as the State Government may have made under the Mental Healthcare Act, 2017.
(3) No order for the delivery of the accused to a relative or friend shall be made under clause (b) of sub-section
(1) except upon the application of such relative or friend and on his giving security to the satisfaction of the Magistrate or Court that the person delivered shall— (a) be properly taken care of and prevented from doing injury to himself or to any other person; (b) be produced for the inspection of such officer, and at such times and places, as the State Government may direct.
(4) The Magistrate or Court shall report to the State Government the action taken under sub-section (1).
What changedAI-inferred
Person acquitted on such ground to be detained in safe custody.
Old position
CrPC 335 is concerned with Person acquitted on such ground to be detained in safe custody. Person acquitted on such ground to be detained in safe custody
New position
BNSS 374 preserves the framework with drafting modernisations as required by the new code. Topic: acquitted on ground of of mind to be 10 of 2017.. Whenever the finding states that the accused person committed the act alleged, the Magistrate or Court before whom or which the trial has been held, shall, if such act would, but for the incapacity found, have constituted an offence,
BNSS 374 (acquitted on ground of of mind to be 10 of 2017.) preserves the framework of CrPC 335. BNSS 374 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BNSS 374 text: Whenever the finding states...
Editorial deltaAI-indicated (source-linked)
BNSS 374 (acquitted on ground of of mind to be 10 of 2017.) preserves the framework of CrPC 335. BNSS 374 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BNSS 374 text: Whenever the finding states that the accused person committed the act alleged, the Magistrate or Court before whom or which the trial has been held, shall, if such act would, but for the incapacity found, have constituted an offence,— (a) order such person to be detained in safe custody in such place and manner as the...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, CrPC 335 continues to apply. For matters from that date forward, BNSS 374 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 374 (acquitted on ground of of mind to be 10 of 2017.). 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 §335 → BNSS §374 Mapping Page, last updated 2026-05-01, accessed 2026-06-14, https://newlaws.in/bnss/374.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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