Procedure where person of unsound mind detained is declared fit to be released
Section 377 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with procedure where person of unsound mind detained is declared fit to be released. If a person is detained under the provisions of sub-section (2) of section 369, or section 374, and such InspectorGeneral or visitors shall certify that, in his or their judgment, he may be released without danger of his doing injury to himself or to any other person, the State Government may thereu The Act came into force on 01 Jul 2024.
(1) If a person is detained under the provisions of sub-section (2) of section 369, or section 374, and such InspectorGeneral or visitors shall certify that, in his or their judgment, he may be released without danger of his doing injury to himself or to any other person, the State Government may thereupon order him to be released, or to be detained in custody, or to be transferred to a public mental health establishment if he has not been already sent to such establishment; and, in case it orders him to be transferred to a public mental health establishment, may appoint a Commission, consisting of a Judicial and two medical officers.
(2) Such Commission shall make a formal inquiry into the state of mind of such person, take such evidence as is necessary, and shall report to the State Government, which may order his release or detention as it thinks fit.
Section 377, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 338 Procedure where lunatic detained is declared fit to be released Close, with changes 77%
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 The repealed enactment still governs what happened while it was in force.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.
Questions about Section 377
What does Section 377 of the Bharatiya Nagarik Suraksha Sanhita deal with?
Section 377 of the Bharatiya Nagarik Suraksha Sanhita is headed "Procedure where person of unsound mind detained is declared fit to be released". If a person is detained under the provisions of sub-section (2) of section 369, or section 374, and such InspectorGeneral or visitors shall certify that, in his or their judgment, he may be released without danger of his doing injury to himself or to any other person, the State Government may thereu
How do I find court cases under Section 377 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 377, section 377 BNSS, section 377 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.
What should I read with Section 377 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 374 (Person acquitted on ground of unsoundness of mind to be detained in safe custody), 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 338 (Procedure where lunatic detained is declared fit to be released), so the judgments decided under that provision are the case law on this one.
When did Section 377 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 377 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 377, 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 17 Oct 2026. This page is not a substitute for legal advice.