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BNSS, 2023
Start Practicing
BNSSChapter XXVIISection 373
Section373

Judgment of acquittal on ground of unsoundness of mind

AI Assist

Summary

If a person is acquitted because, at the time of the alleged offence, they were by reason of unsoundness of mind incapable of knowing the nature of the act or that it was wrong, the court must state specifically whether the person committed the act or not. The requirement makes the factual question clear even though the accused is acquitted on mental incapacity grounds.

Example

Ravi is accused of smashing a neighbour's shop window. The court finds he was unsound of mind at the time and acquits him on that ground; the judgment must expressly state whether Ravi actually smashed the window or not.

Bare Act

Enacted text

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.

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XXVII

Chapter XXVII

Provisions as to Accused Persons of Unsound Mind

In this chapter

  • 367Procedure in case of accused being person of unsound mind
  • 368Procedure in case of person of unsound mind tried before Court
  • 369Release of person of unsound mind pending investigation or trial
  • 370Resumption of inquiry or trial
  • 371Procedure on accused appearing before Magistrate or Court
  • 372When accused appears to have been of sound mind
  • 373Judgment of acquittal on ground of unsoundness of mind
  • 374Person acquitted on ground of unsoundness of mind to be detained in safe custody
  • 375Power of State Government to empower officer in charge to discharge
  • 376Procedure where prisoner of unsound mind is reported capable of making his defence
  • 377Procedure where person of unsound mind detained is declared fit to be released
  • 378Delivery of person of unsound mind to care of relative or friend
Previous · Section 372When accused appears to have been of sound mindNext · Section 374Person acquitted on ground of unsoundness of mind to be detained in safe custody