Code
375.
The State Government may empower the officer-in-charge of the jail in which a person is confined under the provisions of section 369 or section 374 to discharge all or any of the functions of the Inspector-General of Prisons under section 376 or section 377.
Explanation of Section 375 BNSS
Section 375 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) grants the State Government the authority to delegate certain functions of the Inspector-General of Prisons to the officer-in-charge of a jail where an individual is confined. This provision applies specifically to persons confined under the provisions of Section 369 or Section 374, ensuring that the officer-in-charge of the jail can perform necessary administrative or supervisory duties.
Essentially, this section allows the State Government to empower the jail officer with specific responsibilities typically reserved for the higher authority, the Inspector-General of Prisons, as outlined in Sections 376 and 377 of the BNSS.
Illustration
Example 1: Delegation of Functions
The State Government decides to empower the officer-in-charge of a prison where an individual is confined due to a mental illness (as per Section 374). The officer-in-charge is now authorized to oversee the management and safety of the individual, including ensuring that the individual receives the necessary care in the facility. This empowers the officer to take actions that would otherwise be handled by the Inspector-General of Prisons.
Common Questions and Answers on Section 375 BNSS
1. What is the purpose of Section 375 BNSS?
- Answer: Section 375 allows the State Government to delegate specific functions of the Inspector-General of Prisons to the officer-in-charge of a jail, particularly for persons confined under Section 369 or Section 374.
2. When does Section 375 come into play?
- Answer: This section applies when a person is confined under Section 369 or Section 374 of the BNSS, and the State Government empowers the jail officer to carry out certain functions normally handled by the Inspector-General of Prisons.
3. What does the officer-in-charge of the jail become responsible for?
- Answer: The officer-in-charge may be responsible for discharging some or all functions of the Inspector-General of Prisons, which could include administrative oversight, safety, or health management of the individuals confined under the applicable sections.
4. Can the officer-in-charge perform all functions of the Inspector-General of Prisons?
- Answer: The officer-in-charge may discharge all or any of the functions of the Inspector-General of Prisons, depending on the specific delegation made by the State Government.
Conclusion
Section 375 BNSS provides the State Government with the power to delegate functions of the Inspector-General of Prisons to the officer-in-charge of a jail. This delegation applies to individuals confined under Section 369 or Section 374, streamlining administrative responsibilities within the prison system and ensuring efficient management of confined persons.
