Delivery of person of unsound mind to care of relative or friend
Section 378 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with delivery of person of unsound mind to care of relative or friend. Whenever any relative or friend of any person detained under the provisions of section 369 or section 374 desires that he shall be delivered to his care and custody, the State Government may, upon the application of such relative or friend and on his giving security to the satisfaction of such State The Act came into force on 01 Jul 2024.
(1) Whenever any relative or friend of any person detained under the provisions of section 369 or section 374 desires that he shall be delivered to his care and custody, the State Government may, upon the application of such relative or friend and on his giving security to the satisfaction of such State Government, that the person delivered shall---
(a) be properly taken care of and prevented from doing injury to himself or to any other person;
(b) be produced for the inspection of such officer, and at such times and places, as the State Government may direct;
(c) in the case of a person detained under sub-section (2) of section 369, be produced when required before such Magistrate or Court,
order such person to be delivered to such relative or friend.
(2) If the person so delivered is accused of any offence, the trial of which has been postponed by reason of his being of unsound mind and incapable of making his defence, and the inspecting officer referred to in clause (b) of sub-section (1), certifies at any time to the Magistrate or Court that such person is capable of making his defence, such Magistrate or Court shall call upon the relative or friend to whom such accused was delivered to produce him before the Magistrate or Court; and, upon such production the Magistrate or Court shall proceed in accordance with the provisions of section 371, and the certificate of the inspecting officer shall be receivable as evidence.
Section 378, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 339 Delivery of lunatic to care of relative or friend Text carried over almost unchanged 86%
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 The repealed enactment still governs what happened while it was in force.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 378
What does Section 378 of the Bharatiya Nagarik Suraksha Sanhita deal with?
Section 378 of the Bharatiya Nagarik Suraksha Sanhita is headed "Delivery of person of unsound mind to care of relative or friend". Whenever any relative or friend of any person detained under the provisions of section 369 or section 374 desires that he shall be delivered to his care and custody, the State Government may, upon the application of such relative or friend and on his giving security to the satisfaction of such State
How do I find court cases under Section 378 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 378, section 378 BNSS, section 378 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 378 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), 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. It carries forward CrPC 339 (Delivery of lunatic to care of relative or friend), so the judgments decided under that provision are the case law on this one.
When did Section 378 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 378 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 378, 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.