Procedure on accused appearing before Magistrate or Court
Section 371 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with procedure on accused appearing before Magistrate or Court. If, when the accused appears or is again brought before the Magistrate or Court, as the case may be, the Magistrate or Court considers him capable of making his defence, the inquiry or trial shall proceed. The Act came into force on 01 Jul 2024.
(1) If, when the accused appears or is again brought before the Magistrate or Court, as the case may be, the Magistrate or Court considers him capable of making his defence, the inquiry or trial shall proceed.
(2) If the Magistrate or Court considers the accused to be still incapable of making his defence, the Magistrate or Court shall act according to the provisions of section 367 or section 368, as the case may be, and if the accused is found to be of unsound mind and consequently incapable of making his defence, shall deal with such accused in accordance with the provisions of section 369.
Section 371, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 332 Procedure on accused appearing before Magistrate or Court Text carried over almost unchanged 98%
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 The repealed enactment still governs what happened while it was in force.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.
This section refers to
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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Pratheesh. R. Thankachan vs State of Kerala
Decided under Code of Criminal Procedure 332, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
In cases involving commercial quantity of narcotic drugs under the NDPS Act, where the accused has serious criminal antecedents including multiple murder charges, prima facie evidence of involvement through confessions of co-accused and electronic communications, and poses a demonstrable risk of witness intimidation, bail should be denied despite the duration of custody, as the rigorous provisions of Section 37 of the NDPS Act and the gravity of the charges outweigh the right to bail.
On this section: Acquittal provision; the petitioner was acquitted in 2 cases under this section, noted in the order
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Binod Kumar vs State of Bihar
Decided under Code of Criminal Procedure 332, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
While bail may be denied in serious criminal cases like abduction, the court system has a constitutional obligation to ensure speedy trial for accused persons in custody. The trial judge must take active measures to expedite proceedings, including ensuring daily production of witnesses and maintaining effective coordination with investigating agencies, to uphold the prisoner's fundamental right to speedy justice.
On this section: Section 332 Cr.P.C. pertains to commitment of cases from Magistrate to Sessions Court. The court noted that the case was committed under this section from the Magistrate to the Additional Sessions Judge, and the trial judge should account for the procedural history.
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 371
What have the courts held on Section 371 of the Bharatiya Nagarik Suraksha Sanhita?
Pratheesh. R. Thankachan vs State of Kerala (09 Oct 2023) is the leading judgment on this section among those set out below, though it was decided under CRPC 332, which this section replaced -- the court never mentioned this Act: Acquittal provision; the petitioner was acquitted in 2 cases under this section, noted in the order. Another 1 judgment on this section is set out below. They run from 2009 to 2023.
How do I find court cases under Section 371 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 371, section 371 BNSS, section 371 of the Bharatiya Nagarik Suraksha Sanhita. 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 Pratheesh. R. Thankachan vs State of Kerala (09 Oct 2023).
What should I read with Section 371 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on section 367 (Procedure in case of accused being person of unsound mind), section 368 (Procedure in case of person of unsound mind tried before Court), section 369 (Release of person of unsound mind pending investigation or trial), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it. It carries forward CrPC 332 (Procedure on accused appearing before Magistrate or Court), so the judgments decided under that provision are the case law on this one.
When did Section 371 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 371 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 371, 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 15 Oct 2026. This page is not a substitute for legal advice.