Introduction to Section 373 BNSS
Section 373 BNSS deals with a very specific legal situation where a person is acquitted due to mental illness. It ensures that even when the accused is found not guilty on grounds of unsoundness of mind, the court must clearly state whether or not the accused actually committed the act. This helps in balancing justice, mental health rights, and public safety.
What is BNSS Section 373 ?
BNSS Section 373 states that if a person is acquitted because they were incapable of understanding the nature or wrongness of their act due to unsoundness of mind, the judgment must still include a clear statement on whether the act was committed. It does not allow vague or incomplete acquittals, ensuring transparency in such cases.
BNSS Section of 373 in Simple Points
1. Acquittal Based on Mental Illness
Section 373 is applied when an accused is declared not guilty because they were mentally unsound at the time of committing the offence. The defence of insanity is recognized under Indian law, but acquittal under this ground must be carefully recorded. It means the person did not understand the nature or wrongness of the act due to mental illness. The court accepts that such persons cannot be held criminally liable. However, the legal duty does not end at acquittal—it extends to documenting facts accurately. This ensures the process is not left incomplete or vague.
2. Requirement to Confirm Act Was Done
Even when a person is not found guilty, the court must clearly state whether the accused committed the alleged act or not. This is a mandatory requirement under Section 373. It helps in maintaining the truthfulness of judicial records. The court may say, “Yes, the act happened, but due to mental unsoundness, the accused cannot be held criminally liable.” This distinction avoids confusion in future and ensures that justice is visible and documented properly. It protects both legal integrity and public interest.
3. Avoiding Ambiguity in Acquittal Judgments
Without Section 373, an acquittal due to mental illness could be misinterpreted as “not proven” or “false case.” This section prevents such confusion by requiring the court to give a clear factual finding. It ensures that even if someone cannot be punished, the legal system acknowledges what actually happened. This helps in future legal processes, victim closure, and administrative follow-up. The focus is on facts, not just outcomes.
4. Useful for Public Safety and Legal Monitoring
A recorded finding that someone committed the act, even though acquitted, can be helpful in future care, supervision, or psychiatric intervention. Section 373 thus forms a bridge between criminal law and mental health systems. If the act was serious, the State may decide to keep the person under supervised medical care. Without this provision, such dangerous individuals might go unsupervised due to a lack of legal record. This ensures public safety is not compromised.
5. Balancing Rights and Responsibility
BNSS 373 reflects a fair and balanced legal system. It ensures that the rights of mentally ill persons are protected, but not at the cost of truth or victim rights. Recording whether the accused committed the act provides clarity to victims, their families, and society. It acknowledges both the mental condition of the accused and the impact of the act committed. In this way, Section 373 supports justice with empathy and responsibility.
373 BNSS Overview
This section applies when someone is acquitted because they were mentally unfit at the time of committing the offence. Under BNSS 373, the court is required to record a specific finding about whether the accused did the act or not, even if there is no criminal responsibility due to insanity. This is important for future reference, victim closure, and proper documentation in criminal records.
BNSS Section 373 – Judgment of Acquittal on Ground of Unsoundness of Mind
1. Core Principle of Section 373
BNSS Section 373 deals with a situation where a person is acquitted of a criminal offence due to mental unsoundness at the time of committing the act. This section ensures that the judgment is not vague or silent on facts. Even if the person is acquitted due to insanity, the court must state whether the accused committed the act itself. This promotes clarity in the judgment and helps in administrative, legal, and safety decisions post-acquittal.
2. Legal Recognition of Mental Incapacity
The provision acknowledges that a person may lack criminal responsibility due to being mentally incapable of understanding the nature or legality of the act. This aligns with the principle that criminal liability requires a guilty mind (mens rea). If mental illness prevented that, the person may be acquitted. However, that does not erase the act — and the court must declare whether or not the act was committed.
3. Importance of the “Act Committed” Clause
Even if the accused is not held legally liable, the court must still determine whether the act was committed by the accused. This is crucial for both judicial record-keeping and possible future medical or legal interventions. This clause ensures that the court doesn’t just end the matter at acquittal but still examines the factual nature of the incident, especially where public safety or victim’s rights are concerned.
4. Differentiating Guilt from Commission
BNSS Section 373 makes a clear distinction between “committing the act” and being “legally guilty.” A person can commit the act but still be acquitted if they lacked the mental capacity to know it was wrong. This safeguards both individual rights and judicial integrity. The act may be proven, but due to the mental condition, criminal culpability is not assigned.
5. Ensures Transparency in Acquittal Orders
One of the key functions of Section 373 is to ensure that the judgment of acquittal is detailed and transparent. It avoids ambiguity by mandating that the court explicitly state whether the accused committed the offence. This provision helps in ensuring that acquittals on medical grounds are not misinterpreted as false accusations or procedural escapes. It protects the reputation of the judicial system.
6. Application Across All Offence Types
This section applies universally to any offence—be it minor or serious—where the defence of unsoundness of mind is accepted. Whether the case involves theft, assault, or even homicide, if the court finds that the accused was mentally incapable at the time, the acquittal must come with a finding on the commission of the act. It ensures uniformity in handling such cases.
7. Aligns with the Indian Penal Code (IPC) and Mental Healthcare Laws
Section 373 complements provisions in the IPC, such as Section 84 (Act of a person of unsound mind). It also aligns with the Mental Healthcare Act, 2017, in recognizing psychiatric conditions as valid defences in certain criminal cases. This section ensures that legal procedures adapt to modern understanding of mental health, without compromising on legal record clarity.
8. Relevance in Victim-Centric Justice
By stating clearly whether the act was committed or not, Section 373 serves the interests of victims and their families. It offers clarity and closure regarding what actually occurred, even if the accused cannot be punished. This balances mental health protections with empathy for the victim, preserving trust in the legal system.
9. Basis for Further Legal or Protective Action
If a person is acquitted due to insanity but the act is proven, that finding may trigger protective measures under other laws, such as hospitalization or monitoring. Section 373 thus acts as a bridge between criminal law and civil/medical safeguards, allowing courts or governments to ensure public safety without relying on traditional punishment.
10. Promotes Ethical and Scientific Justice
Ultimately, BNSS Section 373 is part of India’s evolving commitment to compassionate, rational, and ethical criminal justice. It upholds the idea that justice means more than just punishing someone — it means acknowledging their condition, the truth of events, and ensuring future safety. This section reflects the modern legal philosophy of balancing mental health with accountability.
Example 1:
Rahul is accused of stabbing a neighbor but is later diagnosed with paranoid schizophrenia. The court acquits him on mental health grounds but confirms that he did commit the act. This conclusion is recorded in the judgment under Section 373.
Example 2:
A woman burns down a shop during a severe manic episode. She is acquitted due to her mental state, but the court, after reviewing the facts, records that she did not commit the act—thus offering clarity and preventing future confusion.
BNSS Section 373 Short Information
| Point | Details |
|---|---|
| Section Name | BNSS Section 373 |
| Main Focus | Applies when the accused is acquitted due to insanity; the court must record whether the accused actually committed the act or not. |
| Legal Principle | Differentiates between committing the act and being legally guilty; mental incapacity removes criminal intent, not factual responsibility. |
| Purpose | Ensures judgments are clear, transparent, and factual — protecting victims, the public, and future legal or medical interventions. |
| Public & Victim Interest | Maintains legal record integrity and provides closure to victims by confirming what actually happened, even without punishment. |
Why BNSS Section 373 Is Needed?
BNSS Section 373 is crucial because it ensures transparency in criminal cases involving mental illness. Acquitting someone on the ground of unsoundness of mind is not enough—the court must also determine whether the accused actually committed the offence. This has legal, social, and psychological significance. It helps protect public safety, prevents future misuse of the insanity plea, and ensures victims know the truth. Without such a provision, the acquittal could create legal loopholes, ambiguous records, or injustice to victims. BNSS 373 ensures accountability, documentation, and ethical judgment while respecting the mental condition of the accused.
BNSS Section 373 FAQs
BNSS 373
Conclusion
BNSS Section 373 ensures that when someone is acquitted due to mental illness, the court still records whether the act was actually committed. This protects transparency, supports victim justice, and helps future medical or legal supervision. The section balances fairness for the mentally ill with accountability to society.
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