PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND
CHAPTER XXVII
367. Procedure in case of accused being person of unsound mind
368. Procedure in case of person of unsound mind tried before Court
369. Release of person of unsound mind pending investigation or trial
370. Resumption of inquiry or trial
371. Procedure on accused appearing before Magistrate or Court
372. When accused appears to have been of sound mind
373. Judgment of acquittal on ground of unsoundness of mind
374. Person acquitted on ground of unsoundness of mind to be detained in safe custody
375. Power of State Government to empower officer in charge to discharge
376. Procedure where prisoner of unsound mind is reported capable of making his defence
377. Procedure where person of unsound mind detained is declared fit to be released
378. Delivery of person of unsound mind to care of relative or friend
CONTENTS
Chapter XXVII (Sections 367-378) Prelims Practice Questions With Answers In the End
Q1. Under Section 367(1), when a Magistrate has reason to believe that an accused is of unsound mind and incapable of making a defense, he shall:
A) Immediately acquit the accused.
B) Inquire into the fact of such unsoundness and cause the person to be examined by a Civil Surgeon.
C) Commit the case to the Court of Session without further inquiry.
D) Order the accused to be kept in a psychiatric hospital for life.
Q2. According to Section 367(2), pending the examination and inquiry into the accused's mental state, the Magistrate may:
A) Discharge the accused.
B) Proceed with the trial to save time.
C) Postpone the inquiry or trial.
D) Record the testimony of eye-witnesses only.
Q3. Under Section 367(3), if the Magistrate informs the accused that they are found of unsound mind but capable of making a defense, the Magistrate shall:
A) Postpone the trial indefinitely.
B) Proceed with the inquiry or trial.
C) Refer the matter to the High Court.
D) Appoint a guardian to plead on behalf of the accused.
Q4. Section 368 applies to a person of unsound mind being tried before:
A) An Executive Magistrate only.
B) A Court (ordinarily Court of Session).
C) A Police Officer during investigation.
D) The Supreme Court in original jurisdiction.
Q5. Consider the following statements regarding Section 369 (Release on Bail):
Statement I: A person of unsound mind can be released on bail even if the offence is non-bailable.
Statement II: The accused must be released only if a relative or friend gives an undertaking to prevent the accused from doing injury to self or others.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both are correct
D) Neither is correct
Q6. (Accuracy Check) Under Section 369(1) Proviso, if the accused requires psychiatric treatment, the Magistrate/Court shall:
A) Refuse bail and send them to prison.
B) Release them only after they are declared "cured" by a Surgeon.
C) Release them on the condition that they obtain regular out-patient psychiatric treatment from a medical facility.
D) Order the State to pay for a private nurse.
Q7. If an accused of unsound mind cannot be released on bail under Section 369(2), the Court shall:
A) Release them on a personal bond without sureties.
B) Order them to be kept in a place where regular psychiatric treatment can be provided and report to the State Government.
C) Detain them in a standard police lock-up.
D) Discharge them immediately.
Q8. Under Section 370(1), an inquiry or trial postponed due to unsoundness may be resumed:
A) Only after a period of one year.
B) After the person has ceased to be of unsound mind.
C) At the discretion of the Public Prosecutor.
D) Only if the victim gives consent.
Q9. According to Section 370(2), whose certificate is receivable in evidence to prove the accused is now capable of making a defense?
A) The District Magistrate.
B) The sureties who took charge of the accused.
C) The officer appointed by the Court in this behalf (medical officer).
D) The accused’s legal advocate.
Q10. Under Section 371, if the accused appears before the Court after resumption and the Court considers them capable of making a defense:
A) It shall proceed with the inquiry or trial.
B) It must start the trial de novo (from the beginning).
C) It must acquit the accused based on previous unsoundness.
D) It must transfer the case to a different district.
Q11. (Problem) 'A' is accused of theft. The Magistrate finds 'A' was of unsound mind at the time of the act but is now sound. Under Section 372, the Magistrate should:
A) Convict 'A' since they are sound now.
B) Proceed with the case and, if the act is proved, decide based on the defense of insanity.
C) Acquit 'A' without a trial.
D) Stay the proceedings and wait for 'A' to commit another act.
Q12. Under Section 373, if an accused is acquitted on the ground of unsoundness of mind, the finding shall state specifically:
A) That the accused is innocent of the act.
B) Whether the accused committed the act or not.
C) The name of the medical officer who treated them.
D) That the accused is sentenced to time served.
Q13. According to Section 374(1), a person acquitted on ground of unsoundness shall be:
A) Released to the public immediately.
B) Detained in safe custody in such place and manner as the Magistrate or Court thinks fit.
C) Sent back to their native village under police escort.
D) Forfeited of all property.
Q14. Under the Proviso to Section 374(1), a person acquitted on ground of insanity may be delivered to a relative if:
A) The relative pays a fine of ten thousand rupees.
B) An application is made and a bond is executed ensuring safe keeping and production for inspection.
C) The accused is a first-time offender.
D) The offence was a summons-case.
Q15. Under Section 374(4), any action taken for safe custody of an acquitted insane person must be reported to:
A) The High Court.
B) The State Government.
C) The nearest Police Station.
D) The Ministry of Health.
Q16. Section 375 empowers which authority to authorize the officer in charge of a jail to discharge a person detained under Chapter XXVII?
A) The High Court.
B) The State Government.
C) The District Judge.
D) The Chief Medical Officer.
Q17. Under Section 376, if a prisoner is reported capable of making a defense, they shall be brought before the Magistrate/Court and:
A) The trial shall be terminated.
B) The Magistrate/Court shall deal with them under Section 371.
C) The original charges shall be doubled.
D) They shall be released on probation.
Q18. According to Section 376(2), the State Government may appoint a ______ to inquire into the state of mind of a person detained in safe custody.
A) Police Task Force.
B) Commission of two or more persons.
C) Secret Committee of relatives.
D) Panel of Law Professors.
Q19. (Reasoning) Why does Section 377(2) allow for the transfer of a person to a public lunatic asylum?
A) To save the prison from overcrowding.
B) To ensure the person receives specialized medical care not available in jail while ensuring safe custody.
C) Because criminal Courts have no jurisdiction over asylums.
D) Only if the person is a foreign national.
Q20. Under Section 378(1), when an application is made by a relative or friend for the delivery of a detained person, they must give security to the satisfaction of:
A) The Supreme Court.
B) The State Government.
C) The Jail Superintendent.
D) The High Court Registrar.
Q21. Under Section 378(1)(b), a person delivered to a relative must be produced for inspection at such times as directed by:
A) The relative himself.
B) The State Government.
C) The local Panchayat.
D) The victim's family.
Q22. If a person delivered to a relative under Section 378 is later reported capable of making their defense (S. 378(2)), the Magistrate/Court shall:
A) Let them remain with the relative.
B) Order the person to be produced and proceed in accordance with Section 371.
C) Dismiss the case since they have been with family.
D) Fine the relative for the delay.
Q23. Statement I: The certificate of a Civil Surgeon regarding an accused's insanity is not usable in evidence without the Surgeon's testimony.
Statement II: Under Section 367(4), such a certificate may be received as evidence.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both are correct
D) Neither is correct
Q24. (Analytical) What is the main difference between safe custody under Section 374 and Section 369?
A) Section 374 applies after acquittal; Section 369 applies pending investigation or trial.
B) Section 374 involves prison; Section 369 involves only asylums.
C) Section 374 is decided by the State Government; Section 369 is by the High Court.
D) There is no difference.
Q25. Under Section 376(3), if a Commission finds a person incapable of making a defense, the State Government shall:
A) Release them immediately.
B) Order the person to be confined in safe custody.
C) Order their execution.
D) Transfer them to a labor camp.
Q26. If the person mentioned in Section 377 is declared "fit to be released" but the offence is serious, the State Government may:
A) Order them to be detained in safe custody.
B) Forcibly deport them.
C) Pardon them for all past crimes.
D) Order the trial to restart from the FIR stage.
Q27. (Accuracy Check) The "undertaking" mentioned in Section 369(1)(b) includes the condition that:
A) The person shall attend Court when required.
B) The person shall not do injury to himself or others.
C) The relative will pay all trial costs.
D) Both A and B.
Q28. Under Section 367, if the Magistrate is not satisfied that the accused is of unsound mind, he shall:
A) Send the person to an asylum anyway.
B) Proceed with the inquiry or trial.
C) Ask the Public Prosecutor for his opinion.
D) Dismiss the FIR.
Q29. According to Section 373, the ground for acquittal must be:
A) Lack of evidence from the prosecution.
B) The accused was at the time of the act incapable of knowing the nature of the act by reason of unsoundness of mind.
C) The accused is a minor.
D) The accused pleaded guilty.
Q30. Under Section 378(2), the certificate of an inspecting officer that an accused is capable of making a defense shall be:
A) Inadmissible.
B) Conclusive proof of sanity.
C) Receivable as evidence.
D) Subject to mandatory verification by the High Court.
Answer Key
Q1 – B [S. 367(1)]
Q2 – C [S. 367(2)]
Q3 – B [S. 367(3)]
Q4 – B [S. 368]
Q5 – C [S. 369(1)]
Q6 – C [S. 369(1) Proviso]
Q7 – B [S. 369(2)]
Q8 – B [S. 370(1)]
Q9 – C [S. 370(2)]
Q10 – A [S. 371]
Q11 – B [S. 372]
Q12 – B [S. 373]
Q13 – B [S. 374(1)]
Q14 – B [S. 374(1) Proviso]
Q15 – B [S. 374(4)]
Q16 – B [S. 375]
Q17 – B [S. 376(1)]
Q18 – B [S. 376(2)]
Q19 – B [S. 377(2) Context]
Q20 – B [S. 378(1)]
Q21 – B [S. 378(1)(b)]
Q22 – B [S. 378(2)]
Q23 – B [S. 367(4)]
Q24 – A [S. 369 & 374 Analysis]
Q25 – B [S. 376(3)]
Q26 – A [S. 377(1)]
Q27 – D [S. 369(1)(b)]
Q28 – B [S. 367(1)]
Q29 – B [S. 373]
Q30 – C [S. 378(2)]
Statement Based questions on Chapter XXVII Practice Questions With Answers
Q1. Consider the following statements regarding Section 367:
Statement I: When a Magistrate has reason to believe an accused is of unsound mind, he must cause the person to be examined by a Civil Surgeon.
Statement II: The certificate in writing of the Civil Surgeon is receivable in evidence without the Surgeon being summoned as a witness.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q2. Regarding the postponement of proceedings under Section 367:
Statement I: A Magistrate may postpone the inquiry or trial while the accused's mental state is being examined.
Statement II: If the accused is found to be of unsound mind but capable of making a defence, the trial must be stayed indefinitely.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q3. Evaluate these statements regarding Section 369 (Release on Bail):
Statement I: A person of unsound mind can be released on bail regardless of the nature of the offence.
Statement II: If the accused requires psychiatric treatment, he shall not be released on bail under any circumstances.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q4. Concerning the conditions of bail for an insane person (Section 369):
Statement I: Release on bail requires an undertaking from a relative or friend to prevent the accused from doing injury to himself.
Statement II: The person must also undertake to obtain regular out-patient psychiatric treatment for the accused.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q5. Regarding detention when bail is not granted (Section 369):
Statement I: If bail cannot be granted, the accused shall be kept in a place where regular psychiatric treatment can be provided.
Statement II: The Magistrate or Court must report such detention to the State Government.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q6. Consider the resumption of trial under Section 370:
Statement I: A trial postponed due to unsoundness can only be resumed by an order from the High Court.
Statement II: When the accused is produced by sureties, the certificate of a medical officer that the accused is capable of defence is receivable as evidence.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q7. Evaluate these statements regarding Section 371:
Statement I: If the Court considers the accused capable of making a defence upon resumption, it shall proceed with the case.
Statement II: If the Court still considers the accused incapable, it must immediately acquit him.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q8. Regarding the case where an accused appears to have been sound at the time of trial (Section 372):
Statement I: If the accused is sound now but was insane at the time of the act, the Magistrate shall proceed with the case.
Statement II: The Court must determine if the accused committed the act before considering the insanity defence.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q9. Concerning the judgment of acquittal on ground of insanity (Section 373):
Statement I: The acquittal finding must state specifically whether the accused committed the act or not.
Statement II: The Court must record that the accused was incapable of knowing the nature of the act by reason of unsoundness of mind.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q10. Consider the safe custody of an acquitted person under Section 374:
Statement I: A person acquitted on ground of insanity shall be released to his family immediately by the Court.
Statement II: The Court may order the person to be detained in safe custody in such place as it thinks fit.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q11. Evaluate these statements regarding delivery to a relative after acquittal (Section 374):
Statement I: A relative may apply to have the acquitted insane person delivered to their care.
Statement II: This requires a bond ensuring the person shall be produced for inspection at directed times.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q12. Regarding administrative reporting under Section 374:
Statement I: The Magistrate or Court must report to the High Court all actions taken for the safe custody of an insane person.
Statement II: The report must be made to the State Government.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q13. Consider the State Government’s discharge power under Section 375:
Statement I: The State Government can empower the officer in charge of a jail to discharge a person detained under this chapter.
Statement II: This power can only be exercised after the person has served at least five years in detention.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q14. Regarding prisoners reported capable of defence under Section 376:
Statement I: If a prisoner is reported capable of making a defence, they shall be brought before the Magistrate or Court.
Statement II: The Magistrate shall then deal with the person in accordance with Section 371.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q15. Concerning mental state inquiries under Section 376(2):
Statement I: The State Government may appoint a commission of two or more persons to inquire into a detained person's state of mind.
Statement II: If the commission finds the person incapable of making a defence, the person must be released immediately.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q16. Evaluate these statements regarding Section 377 (Fit for Release):
Statement I: If a person is certified fit for release, the State Government may order their transfer to a public mental health establishment.
Statement II: The Government may also order the person to be released entirely.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q17. Regarding the Commission mentioned in Section 377:
Statement I: The Commission to inquire into the state of mind consists of one Judicial officer and one medical officer.
Statement II: The Commission consists of one Judicial officer and two medical officers.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q18. Consider the application for delivery to care under Section 378:
Statement I: A relative or friend must give security to the satisfaction of the State Government to take care of a detained insane person.
Statement II: The security must ensure the person is produced for inspection by an officer appointed by the State Government.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q19. Regarding the resumption of trial for a person in relative care (Section 378):
Statement I: If the inspecting officer reports the person is capable of making a defence, the State Government shall order their production before the Court.
Statement II: The Court shall then proceed in accordance with Section 371.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q20. Concerning the capability certificate under Section 378:
Statement I: The certificate of the inspecting officer that the accused is capable of making a defence shall be receivable as evidence.
Statement II: This certificate is conclusive proof of sanity and cannot be challenged.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Answer Key
Q1 – C [S. 367]
Q2 – A [S. 367]
Q3 – A [S. 369]
Q4 – C [S. 369]
Q5 – C [S. 369]
Q6 – B [S. 370]
Q7 – A [S. 371]
Q8 – C [S. 372]
Q9 – C [S. 373]
Q10 – B [S. 374]
Q11 – C [S. 374]
Q12 – B [S. 374]
Q13 – A [S. 375]
Q14 – C [S. 376]
Q15 – A [S. 376]
Q16 – C [S. 377]
Q17 – B [S. 377]
Q18 – C [S. 378]
Q19 – C [S. 378]
Q20 – A [S. 378]
One-Line Revision Reckoner for Chapter XXVII
This "Unsound Mind Procedural Guide" provides a comprehensive and easy-to-follow ready reckoner for Chapter XXVII (Sections 367–378) of the BNSS, 2023. This chapter details the legal protections and mandatory procedures for accused persons who are incapable of making a defense due to mental health conditions.
1. Initial Inquiry and Medical Examination (Sections 367–368)
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Magistrate’s Duty: If a Magistrate has reason to believe an accused is of unsound mind and incapable of making a defense, he shall inquire into the fact and cause the person to be examined by a Civil Surgeon or other medical officer directed by the State Government.
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Postponement: Pending such examination and inquiry, the Magistrate or Court may postpone the inquiry or trial.
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Intellectual Disability: If the accused has an intellectual disability, the Magistrate must determine if it renders them incapable of entering a defense; if so, the inquiry is closed and dealt with under the bail/custody provisions of Section 369.
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Evidence: The medical certificate of the Civil Surgeon is receivable as evidence without summoning the Surgeon as a witness.
2. Bail and Safe Custody (Section 369)
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Release on Bail: An accused of unsound mind may be released on bail (whether the offence is bailable or not) provided a relative or friend gives an undertaking that the person shall:
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Be prevented from doing injury to themselves or others.
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Attend Court when required.
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Obtain regular out-patient psychiatric treatment from a medical facility.
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Detention: If bail is refused or the undertaking is not given, the Court shall order the accused to be kept in a place where regular psychiatric treatment is provided and report the action to the State Government.
3. Resumption of Proceedings (Sections 370–371)
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Resuming the Case: Once the person has ceased to be of unsound mind, the Magistrate or Court may resume the inquiry or trial.
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Verification of Fitness: Upon resumption, the Court must consider if the accused is now capable of making a defense.
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If capable, the trial proceeds.
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If still incapable, the Court must again act under the unsound mind provisions (S. 367/368) and bail/custody rules (S. 369).
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4. Insanity Defense and Acquittal (Sections 372–374)
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Legal Insanity at Time of Act: If the accused was unsound at the time of the act but is sound during the trial, the Court proceeds with the case.
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Specific Finding: If the person is acquitted because they were incapable of knowing the nature of the act at the time it was committed, the finding must specifically state whether they committed the act or not.
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Safe Custody Post-Acquittal: A person acquitted on ground of unsoundness shall not be released immediately; the Court orders them to be detained in safe custody in a place it thinks fit (reporting this to the State Government).
5. Management of Detained Persons (Sections 375–378)
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Reporting Capability (S. 376): If the Inspector-General of Prisons or the Mental Health Review Board certifies a prisoner is now capable of making a defense, they are brought before the Court to proceed with the trial.
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Fit for Release (S. 377): If medical visitors or the Board certify the person can be released without danger to self/others, the State Government may order their release, continued detention, or transfer to a public mental health establishment.
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A Commission (one Judicial and two medical officers) may be appointed to formally inquire into their state of mind.
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Delivery to Care (S. 378): A relative or friend may apply for the delivery of the detained person to their care.
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Security: The relative must give security to ensure the person is produced for inspection by a Government-appointed officer.
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Trial Resumption: If an inspecting officer later reports the person is capable of defense, the State Government orders their production before the Court to resume the case.
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Quick Revision Tip: "The Sound Mind Split" Always distinguish between Unsoundness at Trial (S. 367 - stops the case to ensure a fair defense) and Unsoundness at the Time of the Act (S. 372/373 - leads to a judgment of acquittal based on the substantive insanity defense).