If a person with mental illness is detained under the provisions of
sub-section (2) of section 369, and in the case of a person detained in a jail, the
Inspector-General of Prisons, or, in the case of a person detained in a public mental health
establishment, the Mental Health Review Board constituted under the Mental Healthcare
Act, 2017, shall certify that, in his or their opinion, such person is capable of making his
defence, he shall be taken before the Magistrate or Court, as the case may be, at such time
as the Magistrate or Court appoints, and the Magistrate or Court shall deal with such
person under the provisions of section 371; and the certificate of such Inspector-General or
visitors as aforesaid shall be receivable as evidence.
Home The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 Section 376. Procedure where prisoner of unsound mind is reported capable of...