Introduction to Section 374 BNSS
Section 374 BNSS addresses the legal procedure to be followed after a person is acquitted on the ground of unsoundness of mind. This provision ensures that even when a person is not held criminally liable, appropriate safety and custody measures are taken to protect both the individual and society. It bridges the gap between mental health law and criminal justice.
What is BNSS Section 374?
BNSS Section 374 deals with what happens after a person is acquitted on the ground of unsoundness of mind but is found to have committed the alleged act. In such cases, the court may order safe custody or hand over the person to a relative or friend with strict conditions. This section aims to ensure public safety and proper care of mentally unfit individuals. It bridges the gap between criminal acquittal and mental health responsibility.
BNSS Section of 374 in Simple Points
1. Post-Acquittal Action Based on Act Committed
BNSS Section 374 applies when an individual is acquitted due to mental unsoundness, but the court believes the person actually committed the act. Even though the person is not held criminally liable, their actions must be addressed from a public safety and care standpoint. The Magistrate or Court is legally obligated to ensure the accused is not released unsupervised. It creates a mechanism where mental health concerns meet legal accountability, even post-acquittal. This ensures that justice is balanced with protection and compassion.
2. Two Legal Options: Detention or Release with Conditions
The court has two options under BNSS 374:
(a) Detain the person in safe custody in a mental health facility, or
(b) Release the person to a friend or relative who agrees to take care of them. However, this release is not automatic—it requires legal conditions to be fulfilled. This flexibility allows the court to choose the safest and most suitable path based on individual circumstances. It ensures that the person gets proper care while also safeguarding the community from potential harm.
3. Compliance with the Mental Healthcare Act, 2017
If the court chooses to send the person to a mental health institution, it must follow the rules framed under the Mental Healthcare Act, 2017. This ensures that the individual is placed in a certified, regulated, and rights-respecting facility. The law prohibits arbitrary detention and protects the dignity of the person even in mental health cases. This linkage with the 2017 Act promotes both legal transparency and ethical treatment. It ensures medical and legal procedures work together.
4. Conditions for Handing Over to Relatives
If the person is released to a relative or friend, that person must submit an application and provide a security guarantee. They must promise to:
(a) Prevent the person from harming themselves or others, and
(b) Present them for regular inspection as per State Government direction. These safeguards are essential for accountability. The law thus encourages community involvement but ensures that safety and health remain the top priority.
5. Mandatory Reporting to State Government
To ensure transparency and monitoring, BNSS Section 374 mandates that the Magistrate or Court must report their action to the State Government. This ensures that authorities are aware of individuals released or detained under mental health-related acquittals. It promotes administrative vigilance and can help in future tracking or support if needed. This final step ensures that the legal system remains connected with public administration and healthcare networks.
374 BNSS Overview
Section 374 empowers the court to detain the acquitted person in safe custody or hand them over to a responsible friend or family member under strict conditions. The goal is not punishment but protective oversight. The provision also mandates compliance with the Mental Healthcare Act, 2017 and requires reporting to the State Government, ensuring transparency and continued monitoring.
BNSS Section 374 – Person Acquitted on Ground of Unsoundness of Mind to be Detained in Safe Custody
1. Purpose and Scope of Section 374
BNSS Section 374 applies when an accused is acquitted due to mental unsoundness, but the court finds that they did commit the act. In such cases, even though no criminal liability is attached, safety and supervision become essential. The court must then decide whether to detain the person in safe custody or release them to a responsible friend or relative. This section ensures a protective response to prevent future harm to the person or others.
2. Legal Duty of Magistrate or Court
Once it is confirmed that the act was committed (though not criminally liable due to insanity), the Magistrate or Court is bound by law to take protective action. The person may be detained in a secure facility or handed over to someone trustworthy. The judge is given discretionary powers under the law to choose the most suitable option based on the person’s condition, surroundings, and safety needs.
3. Two Custody Options for Acquitted Person
BNSS 374 offers two clear custody options:
(a) Detain the person in safe custody in a place the court deems fit (such as a mental health institution), or
(b) Hand over the person to a relative or friend who meets the legal conditions. This dual approach balances mental health care, individual liberty, and community safety, providing flexibility for courts to act appropriately depending on circumstances.
4. Mental Healthcare Act Compliance
If the Magistrate or Court opts for institutional detention (clause a), it must follow the rules set by the State Government under the Mental Healthcare Act, 2017. This ensures the person is placed in an authorized, licensed, and rights-respecting mental health facility. The court cannot send someone arbitrarily to a place that lacks proper medical oversight. This provision is vital for human rights protection.
5. Conditions for Handing Over to Relatives
If the court decides to hand over the person to a relative or friend (clause b), it cannot be done casually. The person applying must give security and assurance that the acquitted individual will be:
(a) Properly cared for and not cause harm to self or others, and
(b) Made available for regular government inspection. These safeguards prevent misuse and ensure ongoing government monitoring of the case.
6. Importance of Ongoing Oversight
BNSS 374 does not end responsibility at custody or handover—it ensures the person is under observation by authorities. The court may direct inspections and checkups at scheduled times, as prescribed by the State Government. This helps detect relapse or risks early. It ensures that the system is not just reactive but preventive and precautionary in mental health cases involving public safety.
7. Public Safety Considerations
Though the individual may not be guilty in law, the potential risk due to mental illness remains. BNSS Section 374 protects society from possible danger by ensuring such persons are not left unsupervised. If the person has committed a violent act—even without intent—there must be protective custody or responsible oversight to avoid recurrence. The law thus puts safety before punishment.
8. Human Rights and Family-Centric Approach
While safety is a priority, the section also respects the rights and dignity of the person. If a trusted relative is available and ready to care responsibly, the court can release the person into their care instead of institutionalizing them. This offers a compassionate, family-oriented solution, especially where institutionalization isn’t necessary. The law thus strikes a balance between liberty and precaution.
9. Connection with Sections 373 and 368
BNSS 374 directly follows from Section 373, where the court acknowledges that the act was committed, and Section 368, where the trial may be postponed. Once the person is acquitted on mental grounds, Section 374 ensures post-acquittal safeguards are in place. It fills the gap between court judgment and real-world safety by offering actionable post-verdict steps for the judiciary.
10. Judicial Responsibility and State Reporting
Section 374 also mandates that the Magistrate or Court must report to the State Government about the action taken. This step is essential for administrative tracking and oversight. It promotes accountability and keeps a formal record of mentally unsound acquittees in the state’s system. The judiciary and executive thus work together to ensure that public safety and individual rights are both preserved.
Example 1:
A man found guilty of attacking a neighbor during a psychotic episode is acquitted due to unsoundness of mind. The court orders his detention in a licensed psychiatric facility for long-term care and informs the State Government.
Example 2:
A woman accused of arson is acquitted under mental health grounds. Her brother applies to take her home and provides security and care commitment. The court allows it under Section 374(b), with the condition of periodic check-ups by health officials.
BNSS Section 374 Short Information
| Point | Details |
|---|---|
| Section Name | BNSS Section 374 |
| Main Purpose | Ensures safe custody or supervised release of a person acquitted due to unsoundness of mind after committing the act. |
| Custody Options | Court may order (a) detention in a licensed mental health facility, or (b) release to a responsible friend or family member with conditions. |
| Legal Safeguards | Compliance with the Mental Healthcare Act, 2017 is mandatory; relatives must provide security and ensure ongoing care and safety. |
| Reporting & Oversight | The Court must report its action to the State Government to ensure administrative monitoring and public safety accountability. |
Why BNSS 374 Is Needed?
BNSS Section 374 is crucial because it balances justice, public safety, and mental healthcare. Simply acquitting a person due to unsoundness of mind does not address the potential danger they may pose. This section ensures that such individuals are not left unsupervised, and proper legal steps are taken to protect both them and the public. It respects the rights of mentally ill persons while also fulfilling the State’s responsibility to prevent harm. By allowing either institutional custody or responsible home care, it bridges the gap between legal procedures and mental health treatment. Without Section 374, there would be no structured follow-up after an insanity acquittal, leading to legal and safety loopholes.
BNSS Section 374 FAQs
BNSS 374
Conclusion
BNSS Section 374 ensures that people acquitted due to insanity are not left unsupervised. The court can either send them to a safe medical facility or release them to a responsible family member under strict supervision. This protects both the individual’s rights and public safety while aligning with mental health laws.
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