Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 371: Procedure on accused appearing before Magistrate or Court.
(1) If, when the accused appears or is again brought before the Magistrate or Court, as the case may be, the Magistrate or Court considers him capable of making his defence, the inquiry or trial shall proceed.
(2) If the Magistrate or Court considers the accused to be still incapable of making his defence, the Magistrate or Court shall act according to the provisions of section 367 or section 368, as the case may be, and if the accused is found to be suffering from mental illness and consequently incapable of making his defence, shall deal with such accused in accordance with the provisions of section 369.
Brefe Detail
This section outlines the procedure to be followed when an accused person appears before a Magistrate or Court. It specifies the conditions under which the inquiry or trial can proceed or be postponed based on the accused's capability to make a defense. If the accused is found incapable due to mental illness, appropriate measures are to be taken as outlined in related sections.
Question & Answers
What happens if the accused is considered capable of making his defense?
If the Magistrate or Court considers the accused capable, the inquiry or trial will proceed.
What if the accused is still considered incapable of making his defense?
The Magistrate or Court will act according to sections 367 or 368 and, if the accused is found to be suffering from mental illness, will deal with him as per section 369.
What provisions are referenced if the accused is found incapable?
The provisions of sections 367, 368, and 369 are referenced for handling cases of mental illness.
Example
1. An accused is brought before the Magistrate and assessed for his capability. If he shows signs of understanding the proceedings, the trial continues.
2. If the accused exhibits confusion or inability to follow the trial, the Magistrate may defer proceedings and evaluate if mental illness is a factor, proceeding under section 369 if necessary.
Summary
Section 371 establishes guidelines for handling an accused's capability to defend themselves during legal proceedings. It allows for the continuation of trials if the accused is deemed capable, while also ensuring that those found incapable due to mental illness receive appropriate care and legal consideration.
