Procedure in case of accused being person of unsound mind
Section 367 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with procedure in case of accused being person of unsound mind. When a Magistrate holding an inquiry has reason to believe that the person against whom the inquiry is being held is a person of unsound mind and consequently incapable of making his defence, the Magistrate shall inquire into the fact of such unsoundness of mind, and shall cause such person to be ex The Act came into force on 01 Jul 2024.
(1) When a Magistrate holding an inquiry has reason to believe that the person against whom the inquiry is being held is a person of unsound mind and consequently incapable of making his defence, the Magistrate shall inquire into the fact of such unsoundness of mind, and shall cause such person to be examined by the civil surgeon of the district or such other medical officer as the State Government may direct, and thereupon shall examine such surgeon or other medical officer as a witness, and shall reduce the examination to writing.
(2) If the civil surgeon finds the accused to be a person of unsound mind, he shall refer such person to a psychiatrist or clinical psychologist of Government hospital or Government medical college for care, treatment and prognosis of the condition and the psychiatrist or clinical psychologist, as the case may be, shall inform the Magistrate whether the accused is suffering from unsoundness of mind or intellectual disability:
Provided that if the accused is aggrieved by the information given by the psychiatric or clinical psychologist, as the case may be, to the Magistrate, he may prefer an appeal before the Medical Board which shall consist of---
(a) head of psychiatry unit in the nearest Government hospital; and
(b) a faculty member in psychiatry in the nearest Government medical college.
(3) Pending such examination and inquiry, the Magistrate may deal with such person in accordance with the provisions of section 369.
(4) If the Magistrate is informed that the person referred to in sub-section (2) is a person of unsound mind, the Magistrate shall further determine whether the unsoundness of mind renders the accused incapable of entering defence and if the accused is found so incapable, the Magistrate shall record a finding to that effect, and shall examine the record of evidence produced by the prosecution and after hearing the advocate of the accused but without questioning the accused, if he finds that no prima facie case is made out against the accused, he shall, instead of postponing the enquiry, discharge the accused and deal with him in the manner provided under section 369:
Provided that if the Magistrate finds that a prima facie case is made out against the accused in respect of whom a finding of unsoundness of mind is arrived at, he shall postpone the proceeding for such period, as in the opinion of the psychiatrist or clinical psychologist, is required for the treatment of the accused, and order the accused to be dealt with as provided under section 369.
(5) If the Magistrate is informed that the person referred to in sub-section (2) is a person with intellectual disability, the Magistrate shall further determine whether the intellectual disability renders the accused incapable of entering defence, and if the accused is found so incapable, the Magistrate shall order closure of the inquiry and deal with the accused in the manner provided under section 369.
Section 367, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 328 Procedure in case of accused being lunatic Close, with changes 78%
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.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
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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V. I. Thankappan vs State of Kerala
Court's Decision & Legal Precedent
Section 531 saves the application of the old Code to appeals, applications, trials, inquiries and investigations pending on 01.07.2024, so that all applications filed and steps taken in a proceeding begun before that date are governed by the Code of 1973; but the savings provision cannot be allowed to defeat a fundamental right, and where the Sanhita confers wider protection (here Chapter XXVII on accused persons of unsound mind or intellectual disability), treating two similarly placed persons differently under the two codes would offend Articles 14 and 21, so the Sanhita's provisions may be extended to proceedings initiated before 01.07.2024.
On this section: Set aside as patently illegal a Special Judge's order leaving it to the accused to get himself examined, and directed that the application be reconsidered by following the section 367 procedure of inquiry into unsoundness of mind and reference to a psychiatrist or clinical psychologist.
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 367
What have the courts held on Section 367 of the Bharatiya Nagarik Suraksha Sanhita?
V. I. Thankappan vs State of Kerala (05 Sep 2024) is the leading judgment on this section among those set out below: Set aside as patently illegal a Special Judge's order leaving it to the accused to get himself examined, and directed that the application be reconsidered by following the section 367 procedure of inquiry into unsoundness of mind and reference to a psychiatrist or clinical psychologist.
How do I find court cases under Section 367 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 367, section 367 BNSS, section 367 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type s.367 bnss. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with V. I. Thankappan vs State of Kerala (05 Sep 2024).
What should I read with Section 367 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on section 369 (Release of person of unsound mind pending investigation or trial), so none of them can safely be read on its own. 3 other provisions in this corpus refer back to it. It carries forward CrPC 328 (Procedure in case of accused being lunatic), so the judgments decided under that provision are the case law on this one.
When did Section 367 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 367 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 367, 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.