Section 374 BNSS 2023: Person Acquitted on Ground of Unsoundness of Mind to Be Detained in Safe Custody
Section 374 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) deals with the court's powers after an accused is acquitted on the ground of unsoundness of mind and the finding records that the accused committed the act alleged. It permits either detention in safe custody or delivery of the person to a relative or friend, subject to statutory safeguards.
Section 374 BNSS - Statutory Provision
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).
Meaning and Scope of Section 374 BNSS
Section 374 applies after the court has reached a finding concerning an accused whose criminal responsibility is affected by unsoundness of mind. The provision does not treat acquittal as the end of all judicial responsibility. Instead, where the finding records that the accused committed the act alleged, the court must decide how the person should be dealt with in a manner that protects both the individual and the public.
The section provides two principal options: safe custody, or delivery to a relative or friend. The choice is not unrestricted. Detention in a public mental health establishment must comply with the applicable legal framework under the Mental Healthcare Act, 2017, while release to a relative or friend requires an application and security satisfactory to the court.
Key Requirements Under Section 374
- Finding that the act was committed: The provision operates where the judgment records that the accused committed the act alleged, although the act would not result in ordinary criminal liability because of the incapacity found.
- Safe custody: The Magistrate or Court may order detention in an appropriate place and manner.
- Public mental health establishment: Such detention must conform to applicable State rules framed under the Mental Healthcare Act, 2017.
- Release to a relative or friend: This requires an application by the relative or friend and security to the satisfaction of the court.
- Care and prevention of harm: The person receiving custody must undertake proper care and prevention of injury to the person or others.
- Production for inspection: The person must be produced before the designated officer at the times and places directed by the State Government.
- Report to State Government: The Magistrate or Court must report the action taken under sub-section (1).
Relationship With the Mental Healthcare Act, 2017
Sub-section (2) expressly links Section 374 BNSS with the Mental Healthcare Act, 2017. That Act provides the broader statutory framework for mental healthcare, treatment, rights and regulation of mental health establishments. Accordingly, an order under Section 374 should be implemented consistently with the protections and procedures applicable under that legislation and the relevant State rules.
Section 374 at a Glance
| Issue | Rule under Section 374 BNSS |
|---|---|
| When the section applies | When the finding states that the accused committed the act alleged, but incapacity prevents ordinary criminal responsibility. |
| Option 1 | Detention in safe custody in a place and manner considered fit by the Magistrate or Court. |
| Option 2 | Delivery to a relative or friend, subject to application and security. |
| Public mental health establishment | Detention must comply with applicable State rules under the Mental Healthcare Act, 2017. |
| Duties of relative or friend | Proper care, prevention of injury and production for inspection when directed. |
| Government reporting | The Magistrate or Court must report the action taken to the State Government. |
Related BNSS Provisions
Section 374 should be read as part of the connected statutory sequence dealing with inquiry, trial, acquittal, detention, discharge and release of persons affected by unsoundness of mind. The immediately related provisions include Section 373 - Judgment of acquittal on ground of unsoundness of mind, Section 375 - Power of State Government to empower officer in charge to discharge, Section 376 - Procedure where prisoner of unsound mind is reported capable of making his defence, and Section 378 - Delivery of person of unsound mind to care of relative or friend.
Practical Legal Effect
The purpose of Section 374 is protective rather than punitive. After an acquittal based on unsoundness of mind, the court must ensure that any custody or release arrangement is lawful, safe and appropriately supervised. In practice, the exact procedure for placement in a public mental health establishment can depend on rules and administrative arrangements applicable in the concerned State or Union Territory.
Note: This page provides a general explanation of Section 374 BNSS. For a particular case, the complete judgment, medical evidence, applicable State rules and related provisions should be examined together.