Code: Section 357 BNSS
If the accused, though not a person of unsound mind, cannot be made to understand the proceedings, the Court may proceed with the inquiry or trial; and, in the case of a Court other than a High Court, if such proceedings result in a conviction, the proceedings shall be forwarded to the High Court with a report of the circumstances of the case, and the High Court shall pass thereon such order as it thinks fit.
Explanation of Section 357 BNSS
Purpose of This Section
Section 357 BNSS deals with cases where the accused is not mentally ill but is still unable to comprehend the trial proceedings. The law allows the trial to continue despite the accused’s inability to understand. However, if the accused is convicted, the case must be referred to the High Court, which will decide the appropriate course of action.
Key Provisions
- When Does This Section Apply?
- The accused must not be suffering from a mental illness (otherwise, different provisions apply).
- However, the accused is unable to understand the trial due to other reasons (e.g., extreme ignorance, language barrier, cognitive disability).
- Can the Court Continue with the Trial?
- Yes, the trial can proceed even if the accused does not understand the legal proceedings.
- What Happens If the Accused is Convicted?
- If a Court other than a High Court convicts the accused, the conviction must be referred to the High Court.
- The Court must also send a report explaining the circumstances of the case.
- What Can the High Court Do?
- The High Court has full discretion to pass any appropriate order regarding the conviction.
Illustration
Example 1: A Foreigner Who Does Not Understand the Local Language
A tourist is arrested for accidentally violating local laws. He does not understand the trial because he is unfamiliar with the language and legal system. The Court proceeds with the trial, and if convicted, refers the case to the High Court for final decision.
Example 2: A Person With Extreme Ignorance of Law
A tribal man from a remote area is accused of theft. He does not understand legal proceedings but is not mentally ill. The Magistrate proceeds with the trial, and if convicted, sends the case to the High Court for review.
Common Questions and Answers on Section 357 BNSS
1. Why is the case referred to the High Court after conviction?
Since the accused cannot understand the trial, the High Court ensures that justice is served fairly.
2. Does this section apply to mentally ill persons?
No. Mentally ill persons are covered under separate legal provisions. Section 357 applies only if the accused is not mentally ill but still cannot understand the trial.
3. Can the High Court overturn the conviction?
Yes. The High Court has the power to pass any order it finds suitable.
Conclusion
Section 357 BNSS ensures that justice is served even when the accused cannot understand the proceedings. It prevents wrongful convictions and provides High Court oversight to protect the accused’s rights.
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