BNSS §376
Procedure of unsound mind is reported capable of making his defence.
Jump to section
Comparison
337. Procedure where lunatic prisoner is reported capable of making his defence.—If such person is detained under the provisions of sub-section
(2) of section 330, and in the case of a person detained in a jail, the Inspector-General of Prisons, or, in the case of a person detained a lunatic asylum, the visitors of such asylum, or any two of them shall certify that, in his or their opinion, such person is capable of making his defence, he shall be taken before the Magistrate or Court, as the case may be, at such time as the Magistrate or Court appoints, and the Magistrate or Court shall deal with such person under the provisions of section 332; and the certificate of such Inspector-General or visitors as aforesaid shall be receivable as evidence.
376. If a person is detained under the provisions of sub-section
(2) of section 369, and in the case of a person detained in a jail, the Inspector-General of Prisons, or, in the case of a person detained in a public mental health establishment, the Mental Health Review Board constituted under the Mental Healthcare Act, 2017, shall certify that, in his or their opinion, such person is capable of making his defence, he shall be taken before the Magistrate or Court, as the case may be, at such time as the Magistrate or Court appoints, and the Magistrate or Court shall deal with such person under the provisions of section 371; and the certificate of such Inspector-General or visitors as aforesaid shall be receivable as evidence.
What changedAI-inferred
Procedure where lunatic prisoner is reported capable of making his defence.
Old position
CrPC 337 is concerned with Procedure where lunatic prisoner is reported capable of making his defence. Procedure where lunatic prisoner is reported capable of making his defence
New position
BNSS 376 preserves the framework with drafting modernisations as required by the new code. Topic: Procedure of unsound mind is reported capable of making his defence.. If a person is detained under the provisions of sub-section (2) of section 369, and in the case of a person detained in a jail, the Inspector-General of Prisons, or, in the case of a person detained in a public mental health establishment,
BNSS 376 (Procedure of unsound mind is reported capable of making his defence.) preserves the framework of CrPC 337. BNSS 376 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BNSS 376 text: If a...
Editorial deltaAI-indicated (source-linked)
BNSS 376 (Procedure of unsound mind is reported capable of making his defence.) preserves the framework of CrPC 337. BNSS 376 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BNSS 376 text: If a person is detained under the provisions of sub-section(2) of section 369, and in the case of a person detained in a jail, the Inspector-General of Prisons, or, in the case of a person detained in a public mental health establishment, the Mental Health Review Board constituted under the Mental Healthcare Act,...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, CrPC 337 continues to apply. For matters from that date forward, BNSS 376 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 376 (Procedure of unsound mind is reported capable of making his defence.). 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 §337 → BNSS §376 Mapping Page, last updated 2026-05-01, accessed 2026-06-14, https://newlaws.in/bnss/376.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
Not legal advice. Verify against the bare act and consult a qualified advocate for any specific matter.