Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 369
Code: Section 369 BNSS
Procedure for Release of Accused Due to Mental Illness
369.
(1) Whenever a person is found under Section 367 or Section 368 to be incapable of entering defence due to mental illness, the Magistrate or Court, as applicable, shall, whether the case is one in which bail may be granted or not, order the release of the person on bail:
Provided that the accused is suffering from mental illness which does not mandate inpatient treatment and a friend or relative undertakes to obtain regular outpatient psychiatric treatment from the nearest medical facility and prevent the accused from causing injury to himself or any other person.
(2) If the case is one in which, in the opinion of the Magistrate or Court, bail cannot be granted, or if an appropriate undertaking is not given, the Magistrate or Court shall order the accused to be kept in a place where regular psychiatric treatment can be provided, and shall report the action taken to the State Government:
Provided that no order for the detention of the accused in a public mental health establishment shall be made other than in accordance with such rules as the State Government may have made under the Mental Healthcare Act, 2017.
(3) Whenever a person is found under Section 367 or Section 368 to be incapable of entering defence due to mental illness, the Magistrate or Court shall, keeping in view the nature of the act committed and the extent of the mental illness, further determine if the release of the accused can be ordered:
Provided that—
(a) If on the basis of medical opinion or specialist opinion, the Magistrate or Court decides to discharge the accused, as provided under Section 367 or Section 368, such release may be ordered if sufficient security is given that the accused shall not cause injury to himself or to any other person.
(b) If the Magistrate or Court, as the case may be, is of the opinion that discharge of the accused cannot be ordered, the transfer of the accused to a residential facility for persons with mental illness may be ordered, wherein the accused may be provided care, appropriate education, and training.
Explanation of Section 369 BNSS
Section 369 of the BNSS deals with the situation where an accused person is found to be incapable of entering a defence due to mental illness. The section ensures that appropriate measures are taken for the safety of the accused, as well as others. The Court or Magistrate has the discretion to either release the accused on bail or send them to a psychiatric facility, depending on the severity of their condition and their ability to cause harm.
Illustration
Example 1: Bail Granted with Psychiatric Treatment
An accused person is found to be incapable of entering a defence due to mental illness under Section 367. The Court determines that the mental illness does not require inpatient treatment. A relative of the accused undertakes to ensure that the accused receives regular outpatient psychiatric care. As a result, the Court orders the release of the accused on bail.
Example 2: Detention in Psychiatric Facility
A person with mental illness is found incapable of entering a defence and is deemed a danger to themselves or others. As bail is not appropriate, the Court orders the person to be detained in a psychiatric facility for further care and treatment. The case is reported to the State Government in accordance with the rules under the Mental Healthcare Act, 2017.
Common Questions and Answers on Section 369 BNSS
1. Can an accused person with mental illness be released on bail?
- Answer: Yes, if the accused person suffers from mental illness that does not require inpatient treatment, and a friend or relative undertakes to ensure outpatient psychiatric care, the Court may release them on bail.
2. What happens if bail cannot be granted due to mental illness?
- Answer: If bail cannot be granted, the accused person may be detained in a place where they can receive regular psychiatric treatment, such as a psychiatric facility. The Court will report this to the State Government.
3. How does the Court decide whether to release or detain the accused?
- Answer: The Court will consider the nature of the act committed and the extent of the mental illness. If discharge is not appropriate, the accused may be transferred to a residential facility where they can receive care and training.
Conclusion
Section 369 of the BNSS ensures that individuals who are incapable of entering a defence due to mental illness are handled with care, offering the option of bail with conditions or detention for treatment in a psychiatric facility. This section reflects a balance between protecting the accused and the public, ensuring that those with mental health issues are treated appropriately.
