BNSS §377
where person of unsound mind detained is declared fit to be released. Delivery of person of
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Comparison
338. Procedure where lunatic detained is declared fit to be released.—(1) If such person is detained under the provisions of sub-section
(2) of section 330, or section 335, and such Inspector-General or visitors shall certify that, in his or their judgment, he may be released without danger of his doing injury to himself or to any other person, the State Government may thereupon order him to be released, or to be detained in custody, or to be transferred to a public lunatic asylum if he has not been already sent to such an asylum; and, in case it orders him to be transferred to an asylum, may appoint a Commission, consisting of a Judicial and two medical officers.
(2) Such Commission shall make a formal inquiry into the state of mind of such person, take such evidence as is necessary, and shall report to the State Government, which may order his release or detention as it thinks fit.
377.
(1) If a person is detained under the provisions of sub-section
(2) of section 369, or section 374, and such Inspector-General or visitors shall certify that, in his or their judgment, he may be released without danger of his doing injury to himself or to any other person, the State Government may thereupon order him to be released, or to be detained in custody, or to be transferred to a public mental health establishment if he has not been already sent to such establishment; and, in case it orders him to be transferred to a public mental health establishment, may appoint a Commission, consisting of a Judicial and two medical officers. When accused appears to have been of sound mind. Judgment of acquittal on ground of unsoundness of mind. Person acquitted on ground of unsoundness of mind to be detained in safe custody. Power of State Government to empower officer in charge to discharge. Procedure where prisoner of unsound mind is reported capable of making his defence. Procedure where person of unsound mind detained is declared fit to be released.
(2) Such Commission shall make a formal inquiry into the state of mind of such person, take such evidence as is necessary, and shall report to the State Government, which may order his release or detention as it thinks fit.
What changedAI-inferred
Procedure where person of unsound mind detained under section 330 or section 335 is declared fit.
Old position
CrPC 338 is concerned with Procedure where lunatic detained is declared fit to be released. Procedure where lunatic detained is declared fit to be released
New position
BNSS 377 preserves the framework with drafting modernisations as required by the new code. Topic: where person of unsound mind detained is declared fit to be released. Delivery of person of. If a person is detained under the provisions of sub-section (2) of section 369, or section 374, and such Inspector-General or visitors shall certify that, in his or their judgment, he may be released without danger of his doing injury to
BNSS 377 (where person of unsound mind detained is declared fit to be released. Delivery of person of) preserves the framework of CrPC 338. BNSS 377 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. ...
Editorial deltaAI-indicated (source-linked)
BNSS 377 (where person of unsound mind detained is declared fit to be released. Delivery of person of) preserves the framework of CrPC 338. BNSS 377 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BNSS 377 text: If a person is detained under the provisions of sub-section(2) of section 369, or section 374, and such Inspector-General or visitors shall certify that, in his or their judgment, he may be released without danger of his doing injury to himself or to any other person, the State Government may thereupon order him to be...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, CrPC 338 continues to apply. For matters from that date forward, BNSS 377 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 377 (where person of unsound mind detained is declared fit to be released. Delivery of person of). 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 §338 → BNSS §377 Mapping Page, last updated 2026-05-01, accessed 2026-06-14, https://newlaws.in/bnss/377.
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.