Law4u - Made in India

What Is BNSS Section 373?

Answer By law4u team

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 373: Judgment of Acquittal on Ground of Mental Illness

Whenever any person is acquitted upon the ground that, at the time at which he is alleged to have committed an offence, he was, by reason of mental illness, incapable of knowing the nature of the act alleged as constituting the offence, or that it was wrong or contrary to law, the finding shall state specifically whether he committed the act or not.

Brief Detail

Section 373 of the Bharatiya Nagarik Suraksha Sanhita, 2023, addresses the circumstances under which a person may be acquitted of an offence due to mental illness. It mandates that in cases of acquittal on these grounds, the judgment must clearly specify whether the individual committed the act in question.

Question & Answers

Q1: What does Section 373 address?

A1: It addresses the judgment of acquittal based on mental illness.

Q2: Under what condition can a person be acquitted?

A2: A person can be acquitted if, at the time of the alleged offence, they were incapable of knowing the nature of the act due to mental illness.

Q3: What must the finding state in cases of acquittal?

A3: The finding must specifically state whether the person committed the act or not.

Example

- Example 1: A defendant is acquitted of theft because it is determined that they were unable to understand the nature of their actions due to a severe mental illness at the time of the incident. The judgment explicitly states that the defendant did commit the act of theft but was not criminally responsible.

- Example 2: An individual is charged with assault but is found not guilty due to mental illness. The court’s ruling clarifies that while the individual did engage in the act of assault, they lacked the capacity to recognize it as wrong at the time.

Summary

Section 373 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides legal guidelines for acquittals based on mental illness, requiring that judgments clarify whether the act was committed, despite the defendant's incapacity to understand the nature of the act due to their mental state.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Surender Sihag

Advocate Surender Sihag

Anticipatory Bail, Cheque Bounce, Court Marriage, Divorce, Domestic Violence, Consumer Court, Banking & Finance, Civil, Family, Revenue, Recovery, Motor Accident, Labour & Service, Insurance, Criminal, Child Custody, High Court, R.T.I, Succession Certificate, Supreme Court

Get Advice
Advocate Ravi Sharma

Advocate Ravi Sharma

Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Landlord & Tenant, Motor Accident, Property, R.T.I, Recovery, Succession Certificate, Tax, Trademark & Copyright, Wills Trusts, Revenue, Cyber Crime

Get Advice
Advocate Ashish Kumar Sahu

Advocate Ashish Kumar Sahu

Civil, Consumer Court, Property, RERA, Revenue

Get Advice
Advocate Md Nasiruddin Khan

Advocate Md Nasiruddin Khan

Child Custody, Civil, Divorce, Motor Accident, Succession Certificate

Get Advice
Advocate Rohit Chadar

Advocate Rohit Chadar

Anticipatory Bail, Arbitration, Cheque Bounce, Civil, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court

Get Advice
Advocate P K Singh

Advocate P K Singh

Anticipatory Bail, Corporate, Divorce, Banking & Finance, Cheque Bounce

Get Advice
Advocate Abhishek Kumar Srivastava

Advocate Abhishek Kumar Srivastava

High Court, Insurance, Labour & Service, Landlord & Tenant, Motor Accident, Domestic Violence, Court Marriage, Family, Divorce, Anticipatory Bail, Property, Revenue, Criminal, Civil

Get Advice
Advocate S Karthik

Advocate S Karthik

Cheque Bounce, Civil, Consumer Court, Banking & Finance, Divorce, Domestic Violence, Landlord & Tenant, Motor Accident, Succession Certificate, Criminal

Get Advice

Bharatiya Nagarik Suraksha Sanhita(BNSS) Related Questions

Discover clear and detailed answers to common questions about Bharatiya Nagarik Suraksha Sanhita(BNSS). Learn about procedures and more in straightforward language.