Section376
The Bharatiya Nagarik Suraksha Sanhita, 2023

Procedure where prisoner of unsound mind is reported capable of making his defence

In force From 01 Jul 2024 Act 46 of 2023 As on 14 Oct 2026

Act 46 of 2023 Ministry Home Affairs Enacted 25 Dec 2023 In force 01 Jul 2024 Cited by 1 provision

Section 376 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with procedure where prisoner of unsound mind is reported capable of making his defence. If a person is detained under the provisions of sub-section (2) of section 369, and in the case of a person detained in a jail, the Inspector-General of Prisons, or, in the case of a person detained in a public mental health establishment, the Mental Health Review Board constituted under the Mental The Act came into force on 01 Jul 2024.

If a person is detained under the provisions of sub-section (2) of section 369, and in the case of a person detained in a jail, the Inspector-General of Prisons, or, in the case of a person detained in a public mental health establishment, the Mental Health Review Board constituted under the Mental Healthcare Act, 2017 (10 of 2017), shall certify that, in his or their opinion, such person is capable of making his defence, he shall be taken before the Magistrate or Court, as the case may be, at such time as the Magistrate or Court appoints, and the Magistrate or Court shall deal with such person under the provisions of section 371; and the certificate of such Inspector-General or visitors as aforesaid shall be receivable as evidence.

Section 376, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).

Replaces a provision of the Code of Criminal Procedure

CRPC 337 Procedure where lunatic prisoner is reported capable of making hisdefence Close, with changes 67%

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 The repealed enactment still governs what happened while it was in force.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.

Judgments citing this section

These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.

  1. High Court 29 Jan 2025 DLHC010107442023

    … The instant petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter "CrPC") [now Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter "BNSS")] seeking quashing of the FIR bearing No. 228/2016 dated 9th May, 2016, registered against the petitioner under Sections 376 and 506 of the Indian Penal Code, 1860 (hereinafter "IPC") at Police Station North Rohini, Delhi and the consequential proceedings emanating therefrom pending before the learned Additional Sessions Judge, Rohini Court, …

    Read this order on eCourtsIndia

Questions about Section 376

What does Section 376 of the Bharatiya Nagarik Suraksha Sanhita deal with?

Section 376 of the Bharatiya Nagarik Suraksha Sanhita is headed "Procedure where prisoner of unsound mind is reported capable of making his defence". If a person is detained under the provisions of sub-section (2) of section 369, and in the case of a person detained in a jail, the Inspector-General of Prisons, or, in the case of a person detained in a public mental health establishment, the Mental Health Review Board constituted under the Mental

How do I find court cases under Section 376 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 376, section 376 BNSS, section 376 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bns 376 2 n in hindi and bns 376 dhara. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

What should I read with Section 376 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), section 371 (Procedure on accused appearing before Magistrate or Court), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it. It carries forward CrPC 337 (Procedure where lunatic prisoner is reported capable of making hisdefence), so the judgments decided under that provision are the case law on this one.

When did Section 376 of the Bharatiya Nagarik Suraksha Sanhita come into force?

Section 376 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 376, 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

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.