Section 372 BNSS: When Accused Appears to Have Been of Sound Mind
Section 372 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with a specific situation: the accused appears to be of sound mind at the time of the inquiry or trial, but the evidence gives the Magistrate reason to believe that the accused was of unsound mind when the alleged act was committed and was then incapable of understanding the nature or wrongfulness of the act.
Text of Section 372 BNSS
372. When accused appears to have been of sound mind. When the accused appears to be of sound mind at the time of inquiry or trial, and the Magistrate is satisfied from the evidence given before him that there is reason to believe that the accused committed an act, which, if he had been of sound mind, would have been an offence, and that he was, at the time when the act was committed, by reason of unsoundness of mind, incapable of knowing the nature of the act or that it was wrong or contrary to law, the Magistrate shall proceed with the case, and, if the accused ought to be tried by the Court of Session, commit him for trial before the Court of Session.
What Section 372 Means
Section 372 separates the accused's present mental condition from the accused's mental condition at the time of the alleged act. An accused may be presently capable of participating in the proceedings while still relying on evidence that, at the time of the act, unsoundness of mind prevented the accused from knowing the nature of the act or from knowing that it was wrong or contrary to law.
- The accused appears to be of sound mind during the inquiry or trial.
- Evidence before the Magistrate gives reason to believe that the accused committed the alleged act.
- The evidence also gives reason to believe that, when the act was committed, the accused was of unsound mind.
- The unsoundness of mind was such that the accused was incapable of knowing the nature of the act or that the act was wrong or contrary to law.
- The Magistrate proceeds with the case and, where the matter is triable by the Court of Session, commits the accused for trial before that Court.
Legal Effect of the Provision
Section 372 is procedural. It tells the Magistrate how to proceed where the accused is presently of sound mind but there is evidence suggesting legal incapacity by reason of unsoundness of mind at the time of the act. The section does not itself declare a final acquittal. The subsequent provision, Section 373 BNSS, deals with a judgment of acquittal on the ground of unsoundness of mind.
Connection With Section 22 of the Bharatiya Nyaya Sanhita, 2023
The substantive general exception concerning unsoundness of mind is contained in Section 22 of the Bharatiya Nyaya Sanhita, 2023. It provides, in substance, that an act is not an offence when, at the time of doing it, the person was, by reason of unsoundness of mind, incapable of knowing the nature of the act or that the person was doing what was wrong or contrary to law. Section 372 BNSS provides the procedural route when such an issue arises before the Magistrate while the accused is presently of sound mind.
Present Fitness and Mental Condition at the Time of the Act
| Issue | Focus under Section 372 |
|---|---|
| Condition during inquiry or trial | The accused appears to be of sound mind and capable of facing the proceedings. |
| Condition when the alleged act occurred | The evidence indicates possible unsoundness of mind affecting the accused's capacity to understand the nature or wrongfulness of the act. |
| Magistrate's course | The Magistrate proceeds with the case and commits it to the Court of Session where the offence is triable by that Court. |
| Final determination | The ultimate legal consequence is determined in accordance with the evidence and the applicable substantive and procedural provisions, including the provisions following Section 372. |
Related BNSS Provisions
Section 372 forms part of a sequence of provisions dealing with accused persons of unsound mind. For context, readers may also refer to Section 371 - Procedure on accused appearing before Magistrate or Court, Section 373 - Judgment of acquittal on ground of unsoundness of mind, and the subsequent provisions governing custody, release and related procedure.
Commencement of BNSS
The Bharatiya Nagarik Suraksha Sanhita, 2023 received assent on December 25, 2023. By Central Government notification dated February 23, 2024, the relevant provisions of BNSS were brought into force from July 1, 2024, subject to the exception stated in that notification concerning the First Schedule entry relating to Section 106(2) of the Bharatiya Nyaya Sanhita, 2023.