Code: Section 373 BNSS
373.
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 mental illness, 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.
Explanation of Section 373 BNSS
Section 373 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) deals with the scenario where a person is acquitted of a criminal offense on the grounds of unsoundness of mind. When an accused individual is found to be suffering from mental illness at the time of committing the offense, and as a result, could not understand the nature of their actions or whether they were wrong, the Court may acquit the person.
However, even if acquitted, the Court is required to specifically mention whether the accused committed the act or not. This clarity is important because it prevents any ambiguity regarding the accused’s involvement in the offense and helps maintain transparency in the legal process.
The core aim of Section 373 is to ensure that while mental illness is taken into account, the legal proceedings maintain clarity about the actual involvement of the accused in the alleged crime.
Illustration
Example 1: Acquittal on Ground of Mental Illness
A person is accused of committing a robbery, but during the trial, it is determined that the accused was suffering from a severe mental illness at the time of the crime. The Court finds that due to the mental illness, the accused could not understand the nature of their actions. The accused is acquitted, but the judgment specifically states whether or not the accused committed the act of robbery.
Example 2: Acquittal with Clarification on Involvement
In a case of assault, the accused pleads mental illness, claiming they were unaware of the consequences of their actions. After evaluating the evidence, the Court decides to acquit the accused on the grounds of unsoundness of mind but ensures that the judgment explicitly clarifies whether the accused committed the assault or not.
Common Questions and Answers on Section 373 BNSS
1. What does Section 373 BNSS require when a person is acquitted due to mental illness?
- Answer: Section 373 mandates that when a person is acquitted on the ground of mental illness, the judgment must clearly state whether or not the accused committed the alleged act.
2. Why is it important for the judgment to specify whether the act was committed or not?
- Answer: It ensures transparency and clarity in the legal process, preventing ambiguity regarding the involvement of the accused in the crime.
3. Can a person be acquitted without a clear statement on whether they committed the act?
- Answer: No, under Section 373, the judgment must specifically mention whether the accused committed the act or not, even if they are acquitted.
Conclusion
Section 373 BNSS ensures that when an accused person is acquitted due to unsoundness of mind, the judgment is transparent and specifies whether the accused committed the alleged offense. This section maintains clarity in legal proceedings and ensures that the process respects both the mental health of the accused and the need for legal accountability.
