Code
(1) If, when the accused appears or is again brought before the Magistrate or Court, as the case may be, the Magistrate or Court considers him capable of making his defense, the inquiry or trial shall proceed.
(2) If the Magistrate or Court considers the accused to be still incapable of making his defense, the Magistrate or Court shall act according to the provisions of Section 367 or Section 368, as the case may be, and if the accused is found to be suffering from mental illness and consequently incapable of making his defense, shall deal with such accused in accordance with the provisions of Section 369.
Explanation of Section 371 BNSS
Section 371 BNSS provides guidelines for courts to determine whether an accused person is mentally fit to defend themselves during a trial. It ensures that fair trial principles are upheld, particularly when mental health concerns arise.
Key Provisions:
- Proceeding with the Trial – If the accused is found capable of making a defense, the trial will continue.
- Further Evaluation – If the accused is still deemed incapable:
- The Court will refer to Section 367 BNSS or Section 368 BNSS.
- If diagnosed with a mental illness, the case will be handled under Section 369 BNSS.
Illustration
Example 1: Accused Found Capable
A person accused of theft is brought before the Magistrate. The Court assesses his mental state and determines that he is capable of making his defense. The trial proceeds as usual.
Example 2: Accused Still Incapable
A person accused of assault is found mentally unfit to defend themselves during the trial. The Magistrate, referring to Section 367 and Section 368, orders a further assessment. Upon confirmation of a mental illness, the case is handled under Section 369.
Common Questions and Answers on Section 371 BNSS
1. What happens if an accused is found capable of making a defense?
- The trial continues without any further delays.
2. What if the accused is still mentally unfit?
- The Magistrate or Court will refer to Sections 367 and 368 BNSS for appropriate action.
3. How does the Court handle an accused suffering from a mental illness?
- If the accused is deemed mentally ill, the case is handled according to Section 369 BNSS.
4. Can an accused regain the ability to defend themselves later?
- Yes, if the accused’s condition improves, the trial may proceed.
Conclusion
Section 371 BNSS ensures that accused persons are only tried if they are mentally capable of defending themselves. It provides a structured approach to handle cases where mental illness is a factor, ensuring fairness and justice in the legal process.
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