Section 370 of BNSS, 2023 — Resumption of Inquiry or Trial

Introduction

Section 370 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the resumption of an inquiry or trial after it has been postponed because the accused was incapable of entering a defence due to unsoundness of mind or intellectual disability.

The provision ensures that criminal proceedings do not remain suspended indefinitely. Once the accused becomes capable of making a defence, the inquiry or trial can be resumed in accordance with the procedure prescribed by the BNSS.

Meaning of Section 370

Section 370 applies where an inquiry or trial has previously been postponed because the accused was found incapable of entering a defence.

If the accused subsequently becomes capable of making a defence, the Court may resume the inquiry or trial.

The provision therefore creates a link between:

• Section 367 — procedure during an inquiry before a Magistrate;
• Section 368 — procedure during a trial;
• Section 369 — release of a person of unsound mind pending investigation or trial; and
• Section 370 — resumption of the proceedings.

When Does Section 370 Apply?

Section 370 becomes relevant when:

1. an inquiry or trial has been postponed;
2. the postponement occurred because the accused was incapable of entering a defence; and
3. the accused subsequently becomes capable of making a defence.

The Court can then take steps to resume the proceedings.

Essential Elements

1. Earlier Postponement of Proceedings

The inquiry or trial must have been postponed because the accused was incapable of entering a defence.

The postponement is therefore not an ordinary adjournment. It arises from the special procedure relating to persons of unsound mind or intellectual disability.

2. Accused Subsequently Becomes Capable of Defence

The key condition for resumption is that the accused becomes capable of making or entering a defence.

The improvement in the accused’s condition must be established in accordance with the procedure prescribed by law.

3. Court Can Resume the Proceedings

Once the accused is found capable of defending himself or herself, the Court may resume the inquiry or trial.

The criminal proceeding can therefore move forward instead of remaining indefinitely suspended.

Procedure Under Section 370

Step 1: Inquiry or Trial Is Postponed

The proceedings are postponed because the accused is incapable of entering a defence due to unsoundness of mind or intellectual disability.

Step 2: Accused Receives Appropriate Care or Treatment

During the period of postponement, the accused may be released or kept in appropriate custody in accordance with Section 369 and the applicable provisions.

Step 3: Improvement in Condition

The accused subsequently becomes capable of making a defence.

Step 4: Medical Assessment

The Court obtains the necessary medical assessment regarding the accused’s capacity to defend himself or herself.

Step 5: Court Determines Capacity

The Court considers the medical information and determines whether the accused has become capable of entering a defence.

Step 6: Inquiry or Trial Resumes

Once the statutory requirements are satisfied, the Court resumes the inquiry or trial and proceeds according to law.

Why Section 370 Is Necessary

A criminal proceeding cannot be allowed to remain permanently suspended merely because the accused was temporarily incapable of defending himself or herself.

At the same time, the proceeding cannot fairly continue while the accused remains incapable of understanding or participating in the defence.

Section 370 provides the mechanism for balancing these two concerns.

It ensures that:

• the accused is protected while incapable of defending himself or herself; and
• the criminal proceeding can continue once the accused becomes capable of participating in the defence.

Example

Suppose A is being tried for an offence.

During the trial, A is found to be of unsound mind and incapable of entering a defence. The trial is therefore postponed under the applicable provisions.

After receiving appropriate treatment, A’s mental condition improves.

A medical assessment indicates that A is now capable of understanding the proceedings and entering a defence.

The Court can then resume the trial under Section 370 and continue the proceedings from the appropriate stage.

Section 370 and Fair Trial

Section 370 protects the accused’s right to a fair trial while also preventing unnecessary delay once the accused becomes capable of participating.

The basic principle is:

Incapacity → proceedings postponed

Capacity restored → proceedings resumed

This ensures that the accused is not tried while genuinely incapable of defending himself or herself, but also ensures that the criminal case does not remain permanently suspended after the accused becomes capable of participating.

Important Distinction: Section 369 and Section 370

Section 369 — Release

Section 369 deals with what happens to a person who is incapable of entering a defence while the investigation or trial is pending.

It concerns matters such as:

• release;
• care;
• safe custody; and
• treatment.

Section 370 — Resumption

Section 370 deals with what happens after the accused becomes capable of entering a defence.

It concerns the continuation of the previously postponed inquiry or trial.

Simple Formula

Section 369 = What happens while the accused remains incapable?

Section 370 = What happens after the accused becomes capable?

Important Distinction: Section 370 and Fresh Trial

Resumption of proceedings does not necessarily mean that the entire case must begin again from the beginning.

The purpose of Section 370 is to allow the previously postponed inquiry or trial to continue in accordance with the statutory procedure.

The Court proceeds according to the stage and circumstances of the case.

Relationship with Sections 367 and 368

The sequence can be understood as follows:

Section 367

During an inquiry before a Magistrate, the accused is found to be of unsound mind and incapable of making a defence.

Section 368

During a trial before a Magistrate or Court of Session, the accused appears to be of unsound mind and incapable of making a defence.

Section 369

The Court determines how the accused is to be dealt with while the accused remains incapable of entering a defence.

Section 370

When the accused becomes capable of entering a defence, the postponed inquiry or trial can be resumed.

Relationship with Medical Assessment

Medical assessment plays an important role in determining whether proceedings should resume.

The Court must be satisfied that the accused has regained the capacity necessary to participate meaningfully in the defence.

The purpose is not simply to determine whether the accused’s condition has improved medically, but whether the accused is capable of participating in the criminal proceedings.

BNSS and CrPC

Section 370 of the BNSS corresponds broadly to Section 331 of the Code of Criminal Procedure, 1973 (CrPC).

The basic principle remains that where proceedings have been postponed because the accused was incapable of entering a defence, the inquiry or trial may be resumed once the accused becomes capable of defending himself or herself.

The BNSS continues the framework governing criminal proceedings involving persons of unsound mind while using updated terminology and incorporating the broader statutory framework relating to intellectual disability.

Common Confusions

Does Section 370 automatically restart the entire trial?

No.

It provides for the resumption of the previously postponed inquiry or trial.

Can the trial continue while the accused remains incapable of defending himself?

The special provisions relating to unsoundness of mind are intended to prevent an accused who is incapable of entering a defence from being subjected to an ordinary criminal trial without appropriate safeguards.

Is medical evidence relevant before resumption?

Yes.

The Court must have an appropriate basis for determining that the accused has become capable of making a defence.

Does resumption mean the accused is considered innocent?

No.

Resumption merely means that the criminal proceeding can continue. It does not determine the guilt or innocence of the accused.

Does Section 370 apply only to unsoundness of mind?

The provision operates within the statutory framework concerning persons who were previously incapable of entering a defence because of unsoundness of mind or intellectual disability.

Important BNSS Provisions

• Section 367: Procedure in case of accused being person of unsound mind.
• Section 368: Procedure in case of person of unsound mind tried before Court.
• Section 369: Release of person of unsound mind pending investigation or trial.
• Section 370: Resumption of inquiry or trial.
• Section 371: Procedure on accused appearing before Magistrate or Court.
• Section 372: When accused appears to have been of sound mind.
• Section 373: Judgment of acquittal on ground of unsoundness of mind.

Topic at a Glance

• BNSS Section: Section 370
• Title: Resumption of inquiry or trial
• Corresponding CrPC provision: Section 331
• Purpose: Resume proceedings after the accused becomes capable of entering a defence
• Earlier condition: Inquiry or trial was postponed because of the accused’s incapacity
• Key requirement: Accused becomes capable of making a defence
• Medical assessment: Relevant to determining restored capacity
• Effect: Previously postponed inquiry or trial resumes
• Important distinction: Resumption is not a fresh determination of guilt or innocence

Quick Revision

• Section 370 BNSS deals with resumption of an inquiry or trial.
• It applies where proceedings were previously postponed because the accused was incapable of entering a defence.
• The proceedings can resume when the accused becomes capable of making a defence.
• Medical assessment may be used to establish the accused’s restored capacity.
• The purpose is to prevent an accused from being tried while incapable of defending himself or herself.
• At the same time, it prevents the criminal proceeding from remaining indefinitely suspended after the accused becomes capable of participating.
• Section 369 deals with the accused while incapable.
• Section 370 deals with resumption after capacity is restored.
• Section 370 corresponds broadly to Section 331 CrPC.

ALSO READ: Section 369 – Release of person of unsound mind pending investigation or trial

Conclusion

Section 370 of the BNSS provides the mechanism for restarting a criminal inquiry or trial that was postponed because the accused was incapable of entering a defence. Once the accused becomes capable of participating in the proceedings, the Court can resume the inquiry or trial in accordance with law. The provision therefore balances the accused’s right to a fair trial with the need for criminal proceedings to reach their proper conclusion.