Judgment of acquittal on ground of unsoundness of mind
Section 373 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with judgment of acquittal on ground of unsoundness of mind. Whenever any person is acquitted upon the ground that, at the time at which he is alleged to have committed an offence, he was, by reason of unsoundness of mind, incapable of knowing the nature of the act alleged as constituting the offence, or that it was wrong or contrary to law, the finding shall The Act came into force on 01 Jul 2024.
Whenever any person is acquitted upon the ground that, at the time at which he is alleged to have committed an offence, he was, by reason of unsoundness of mind, incapable of knowing the nature of the act alleged as constituting the offence, or that it was wrong or contrary to law, the finding shall state specifically whether he committed the act or not.
Section 373, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 334 Judgement of acquittal on ground of unsoundness of mind 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 The repealed enactment still governs what happened while it was in force.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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Prakash Nayi @ Sen vs The State of Goa Home Department Secretary
Decided under Code of Criminal Procedure 334, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When an accused raises a plea of insanity under Section 84 of the Indian Penal Code, the test to be applied is legal insanity, not medical insanity. Legal insanity requires incapacity to know the nature of the act or that it is wrong or contrary to law. The burden on the accused is to establish this on preponderance of probabilities, not beyond reasonable doubt. The crucial point of time is the moment of commission of the offense. Evidence of conduct before, during, and after the offense, combined with medical evidence of mental disorder, is relevant in determining legal insanity. If credible medical evidence establishes mental disorder at the time of the offense, and the accused subsequently becomes fit to stand trial, this is indicative of prior insanity. The trial court and appellate court must apply a preponderance of probabilities standard and not reject the insanity defense merely because the nature of the act appears intentional or because some witnesses did not observe abnormality.
On this section: Judgment in case of person of unsound mind. Requires specific finding that the act was committed due to unsoundness of mind, though it was actually done.
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 373
What have the courts held on Section 373 of the Bharatiya Nagarik Suraksha Sanhita?
Prakash Nayi @ Sen vs The State of Goa Home Department Secretary (12 Jan 2023) is the leading judgment on this section among those set out below, though it was decided under CRPC 334, which this section replaced -- the court never mentioned this Act: Judgment in case of person of unsound mind. Requires specific finding that the act was committed due to unsoundness of mind, though it was actually done.
How do I find court cases under Section 373 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 373, section 373 BNSS, section 373 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bns 373 morningstar. 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 Prakash Nayi @ Sen vs The State of Goa Home Department Secretary (12 Jan 2023).
What should I read with Section 373 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
It carries forward CrPC 334 (Judgement of acquittal on ground of unsoundness of mind), so the judgments decided under that provision are the case law on this one.
When did Section 373 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 373 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 373, 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.