Procedure where accused does not understand proceedings
Section 357 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with procedure where accused does not understand proceedings. If the accused, though not a person of unsound mind, cannot be made to understand the proceedings, the Court may proceed with the inquiry or trial; The Act came into force on 01 Jul 2024.
If the accused, though not a person of unsound mind, cannot be made to understand the proceedings, the Court may proceed with the inquiry or trial; and, in the case of a Court other than a High Court, if such proceedings result in a conviction, the proceedings shall be forwarded to the High Court with a report of the circumstances of the case, and the High Court shall pass thereon such order as it thinks fit.
Section 357, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 318 Procedure where accused does not understand proceedings Text carried over almost unchanged 95%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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State vs Gani Mohd.
Decided under Code of Criminal Procedure 318, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A conviction pronounced against an accused who cannot understand the proceedings, without explaining to the accused the incriminating circumstances appearing against him and without giving him a chance of defence, and without a conclusive finding about the accused's mental state regarding understanding of proceedings, is void ab initio. Before proceeding with trial against such an accused, the trial court must make necessary enquiries and reach a definite conclusion about whether the accused can be made to understand the proceedings. The legislative intent of Section 318 CrPC is that conviction can be recorded only when the requirements of Chapters XVII to XXI of the Criminal Procedure Code have been complied with.
On this section: Core provision dealing with cases where accused, though not of unsound mind, cannot understand proceedings. Court held that this section requires magistrate to make necessary enquiries before proceeding with trial and that conviction must comply with other procedural requirements of CrPC.
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Usman Gani vs State
Decided under Code of Criminal Procedure 318, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A petitioner cannot claim mental incapacity as grounds for condonation of delay when his own conduct demonstrates capacity to file legal remedies. Filing multiple parallel remedies against the same order constitutes abuse of process of law and will not be permitted. The credibility of claims regarding mental unsoundness must be assessed against the petitioner's demonstrated conduct and capacity to engage in legal proceedings.
On this section: Provision allowing referral of cases involving persons of unsound mind to the High Court; the petitioner invoked this section claiming mental unsoundness
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 357
What have the courts held on Section 357 of the Bharatiya Nagarik Suraksha Sanhita?
State vs Gani Mohd. (19 Feb 2009) is the leading judgment on this section among those set out below, though it was decided under CRPC 318, which this section replaced -- the court never mentioned this Act: Core provision dealing with cases where accused, though not of unsound mind, cannot understand proceedings. Court held that this section requires magistrate to make necessary enquiries before proceeding with trial and that conviction must comply with other procedural requirements of CrPC. Another 1 judgment on this section is set out below. They run from 2009 to 2017.
How do I find court cases under Section 357 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 357, section 357 BNSS, section 357 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bnss 357a and bns 357 section. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with State vs Gani Mohd. (19 Feb 2009).
What should I read with Section 357 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
It carries forward CrPC 318 (Procedure where accused does not understand proceedings), so the judgments decided under that provision are the case law on this one.
When did Section 357 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 357 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 357, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.