Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 370
Code: Section 370 BNSS
370.
(1) Whenever an inquiry or a trial is postponed under Section 367 or Section 368, the Magistrate or Court, as the case may be, may at any time after the person concerned has ceased to be suffering from mental illness, resume the inquiry or trial and require the accused to appear or be brought before such Magistrate or Court.(2) When the accused has been released under Section 369, and the sureties for his appearance produce him to the officer whom the Magistrate or Court appoints in this behalf, the certificate of such officer that the accused is capable of making his defense shall be receivable in evidence.
Explanation of Section 370 BNSS
Section 370 BNSS provides the legal framework for resuming a criminal inquiry or trial if it was postponed due to the accused suffering from mental illness.
Key Provisions:
- If a trial is postponed under Section 367 or Section 368, it can resume once the accused is deemed mentally fit.
- The Magistrate or Court may summon the accused to appear or have them brought before the Court.
- If the accused was released under Section 369, their sureties must produce them before an appointed officer, who will issue a certificate of fitness to stand trial.
Illustration
Example 1: Resumption of Trial After Recovery
A person charged with theft is found to be suffering from a severe mental illness, leading the Court to postpone the trial under Section 367. Months later, a medical report confirms that the accused has recovered. The Court, under Section 370, resumes the trial.
Example 2: Certification for Mental Fitness
A person accused of fraud is released on bail due to mental illness under Section 369. When the sureties bring them before the appointed officer, a certificate is issued confirming that the accused is fit for trial. This certificate is submitted as evidence in Court to proceed with the trial.
Common Questions and Answers on Section 370 BNSS
1. When can a trial be resumed under Section 370 BNSS?
A trial can be resumed once the accused, previously declared mentally unfit, is certified as recovered and fit to stand trial.
2. Who determines if the accused is capable of making a defense?
An officer appointed by the Court will examine the accused and issue a certificate confirming their fitness to stand trial.
3. What happens if the accused was released under Section 369 BNSS?
The sureties must present the accused to the appointed officer, who will certify their ability to participate in the trial. This certificate is then used as evidence in Court.
4. Is the resumption of trial mandatory after recovery?
Yes, if the accused is deemed mentally fit, the Court must resume the trial to ensure due process and justice.
Conclusion
Section 370 BNSS ensures that trials postponed due to the accused’s mental illness are fairly resumed once the individual is certified as fit. This provision safeguards both the accused’s rights and the integrity of the judicial process by ensuring that trials only proceed when the accused is in a position to defend themselves.
For more expert legal insights, visit ApniLaw today! 🚀
