Section 375 BNSS - Power of State Government to Empower Officer in Charge to Discharge

Section 375 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the power of a State Government to authorize the officer in charge of a jail to exercise specified functions otherwise assigned to the Inspector-General of Prisons under Sections 376 and 377.

Meaning and Scope of Section 375 BNSS

The provision is an enabling provision. It permits the State Government to confer, upon the officer in charge of the relevant jail, all or any of the functions that Sections 376 and 377 assign to the Inspector-General of Prisons. The power applies where the person is confined under Section 369 or Section 374 of the BNSS.

In practical terms, Section 375 creates an administrative mechanism through which functions connected with prisoners or detained persons of unsound mind may be exercised at the jail level when the State Government has issued the necessary empowerment.

Key Elements of Section 375

• Authority granting the power: the State Government.
• Officer who may be empowered: the officer in charge of the jail where the person is confined.
• Persons covered: persons confined under Section 369 or Section 374 BNSS.
• Functions that may be delegated: all or any functions of the Inspector-General of Prisons under Section 376 or Section 377.
• Nature of the provision: it enables delegation or conferment of statutory functions; it does not itself state that every jail officer automatically possesses those functions.

Related Provisions

Section 369 BNSS

Section 369 concerns the release of a person of unsound mind pending investigation or trial. Section 375 refers to a person confined under that provision when identifying the class of persons to whom the delegated functions may relate.

Section 374 BNSS

Section 374 concerns a person acquitted on the ground of unsoundness of mind and the conditions governing detention in safe custody. Section 375 also applies where a person is confined under this provision.

Section 376 BNSS

Section 376 provides the procedure where a prisoner of unsound mind is reported capable of making his defence. Section 375 allows the State Government to empower the jail officer in charge to perform all or any functions of the Inspector-General of Prisons under that section.

Section 377 BNSS

Section 377 provides the procedure where a person of unsound mind who is detained is declared fit to be released. Section 375 similarly permits specified functions of the Inspector-General of Prisons under that provision to be exercised by an empowered jail officer.

Why Section 375 Matters

The provision supports administrative implementation of the BNSS framework dealing with accused or detained persons of unsound mind. By permitting the State Government to empower the officer in charge of a jail, the law provides flexibility in the performance of specified statutory functions while retaining State Government control over the delegation.

BNSS 2023 - Applicable Law

The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023 and came into force on 1 July 2024. Section 375 appears in Chapter XXVII, which contains provisions relating to accused persons of unsound mind.

This page is intended as a general legal reference. For the authoritative statutory text and any applicable notifications or State-specific empowerment orders, consult the official India Code database and the relevant State Government notifications.