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CrPC Section 338 in BNSS: Section 377

Procedure where lunatic detained is declared fit to be released

Section 338 of the Code of Criminal Procedure, 1973 (Procedure where lunatic detained is declared fit to be released) corresponds to Section 377 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in force from 1 July 2024.

Text of BNSS Section 377

377. (1) If a person is detained under the provisions of sub-section (2) of section 369, or section 374, and such Inspector-General or visitors shall certify that, in his or their judgment, he may be released without danger of his doing injury to himself or to any other person, the State Government may thereupon order him to be released, or to be detained in custody, or to be transferred to a public mental health establishment if he has not been already sent to such establishment; and, in case it orders him to be transferred to a public mental health establishment, may appoint a Commission, consisting of a Judicial and two medical officers.

(2) Such Commission shall make a formal inquiry into the state of mind of such person, take such evidence as is necessary, and shall report to the State Government, which may order his release or detention as it thinks fit.

Delivery of person of unsound mind to care of relative or friend.

Full BNSS Section 377 and every CrPC section it replaced →

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