Section 357 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 357 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 addresses situations where an accused individual, though not of unsound mind, is unable to comprehend the legal proceedings against them. This provision ensures that such individuals are not unjustly convicted due to their inability to understand the trial process.
📝 Text of Section 357 BNSS, 2023
"If the accused, though not a person of unsound mind, cannot be made to understand the proceedings, the Court may proceed with the inquiry or trial; and, in the case of a Court other than a High Court, if such proceedings result in a conviction, the proceedings shall be forwarded to the High Court with a report of the circumstances of the case, and the High Court shall pass thereon such order as it thinks fit."
⚖️ Key Provisions Explained
Applicability: This section applies when an accused person is not mentally ill but cannot understand the legal proceedings due to reasons such as language barriers, illiteracy, or cognitive impairments
Proceeding with Trial: Despite the accused's lack of understanding, the court may continue with the trial or inquiry. This ensures that the judicial process is not unduly delayed.
Referral to High Court: If a conviction occurs in a lower court under these circumstances, the case must be referred to the High Court along with a detailed report. The High Court then reviews the case and may pass appropriate orders
🧠 Distinction from Mental Illness
It's crucial to differentiate between an accused being of unsound mind and being unable to understand proceedings. If an individual is mentally ill, other provisions, such as Section 331, apply, which may involve suspending the trial or sending the person to a medical institution. Section 357 specifically addresses those who are not mentally ill but still cannot comprehend the proceedings.(
📚 Illustrative Examples
Language Barrier: A foreign national does not understand the local language and, consequently, the court proceedings. The trial proceeds, and if convicted, the case is referred to the High Court.
Illiteracy: An individual with no formal education struggles to understand legal terms and procedures. Despite this, the trial continues, and upon conviction, the High Court reviews the case
⚠️ Importance of Section 357
This section safeguards the rights of individuals who, for various reasons, cannot comprehend legal proceedings. By ensuring that such cases are reviewed by the High Court, it upholds the principles of justice and fairness in the legal system.
RELATED Blog
0 comments