Section 372 of BNSS, 2023 — When Accused Appears to Have Been of Sound Mind

Introduction

Section 372 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the situation where an accused person, after having previously been treated as a person of unsound mind, appears to have been of sound mind at the time when the alleged offence was committed.

The provision is important because the accused’s mental condition at the time of committing the alleged offence may be different from the accused’s mental condition during the inquiry or trial.

Section 372 therefore provides a procedure for dealing with an accused who appears to have been of sound mind when the offence was committed, even though the accused may subsequently have suffered from unsoundness of mind.

Meaning of Section 372

The basic idea behind Section 372 is that the Court must examine the accused’s mental condition at the time of the alleged offence.

A person may have been suffering from unsoundness of mind during the criminal proceedings but may nevertheless have been of sound mind when the alleged offence was committed.

In such a situation, the Court must follow the procedure prescribed by the section before proceeding further.

Purpose of Section 372

The provision seeks to prevent confusion between two different questions:

1. Was the accused capable of making a defence during the proceedings?
2. Was the accused of sound mind when the alleged offence was committed?

These are separate questions.

The provisions concerning unsoundness of mind during proceedings primarily protect the accused’s ability to participate in the trial.

Section 372 addresses the accused’s mental condition at the time of the alleged offence.

When Does Section 372 Apply?

Section 372 applies where:

• the accused has previously been dealt with under the provisions concerning unsoundness of mind; and
• the accused appears to have been of sound mind at the time when the alleged offence was committed.

The Court must then follow the statutory procedure before continuing with the case.

Procedure Under Section 372

Step 1: Court Considers the Accused’s Condition at the Relevant Time

The Court considers whether the accused appears to have been of sound mind at the time when the alleged offence was committed.

The relevant point in time is therefore the commission of the alleged offence, rather than merely the accused’s present mental condition.

Step 2: Court Considers the Available Material

The Court considers the evidence and other material relevant to the accused’s mental condition at the time of the alleged offence.

Step 3: Further Proceedings

If the accused appears to have been of sound mind when the alleged offence was committed, the Court proceeds in accordance with the procedure prescribed by Section 372.

The provision ensures that the accused’s later mental condition does not automatically determine the question of criminal responsibility for the earlier alleged conduct.

Example

Suppose A is accused of committing an offence in 2024.

At the time of the alleged offence, A appears to have been mentally sound.

During the subsequent criminal proceedings, however, A develops a condition that makes A incapable of making a defence.

The Court must deal with A’s present incapacity under the provisions concerning persons of unsound mind.

However, when considering the accused’s responsibility for the alleged offence, the Court must also consider A’s mental condition at the time the offence was allegedly committed.

Section 372 addresses this situation.

Important Distinction: Present Mental Condition vs. Mental Condition at the Time of Offence

This is the key point to remember.

A person’s mental condition can change over time.

Therefore:

Mental condition during trial ≠ necessarily mental condition at the time of offence

An accused may:

• have been mentally sound when the alleged offence occurred;
• later become of unsound mind; and
• subsequently recover mental capacity.

The Court must consider the appropriate point in time for each legal question.

Section 372 and Criminal Responsibility

The provision is particularly important because criminal responsibility may depend upon the accused’s mental condition at the time of the alleged act.

The fact that an accused is subsequently found to be of unsound mind does not automatically establish that the accused was of unsound mind when the alleged offence was committed.

Conversely, the fact that an accused is presently of sound mind does not by itself establish the accused’s mental condition at the time of the alleged offence.

The Court must consider the evidence relevant to the particular point in time.

Relationship with Sections 367 to 371

Sections 367 to 373 operate together as a special procedural framework.

Section 367

Deals with an accused of unsound mind during an inquiry before a Magistrate.

Section 368

Deals with a person of unsound mind being tried before a Magistrate or Court of Session.

Section 369

Deals with the release of a person of unsound mind pending investigation or trial.

Section 370

Deals with resumption of the inquiry or trial when the accused becomes capable of making a defence.

Section 371

Deals with the procedure when the accused appears before the Magistrate or Court.

Section 372

Deals with the situation where the accused appears to have been of sound mind at the time of the alleged offence.

Section 373

Deals with judgment of acquittal on the ground of unsoundness of mind.

Important Distinction: Section 370 and Section 372

Section 370

Focuses on the accused’s present capacity to defend.

The question is whether the accused has become capable of making a defence so that the inquiry or trial can resume.

Section 372

Focuses on the accused’s mental condition at the time of the alleged offence.

The question is whether the accused appears to have been of sound mind when the alleged offence was committed.

Simple Formula

Section 370 → Capacity to defend now

Section 372 → Mental condition when offence was committed

BNSS and CrPC

Section 372 of the BNSS corresponds broadly to Section 333 of the Code of Criminal Procedure, 1973 (CrPC).

The provision continues the procedural framework dealing with an accused who has previously been treated as a person of unsound mind but subsequently appears to have been of sound mind when the alleged offence was committed.

Common Confusions

Does present unsoundness of mind automatically mean the accused was of unsound mind when the offence occurred?

No.

The accused’s condition at the time of the alleged offence must be considered separately.

Is Section 372 concerned with the accused’s ability to stand trial?

Not primarily.

The central issue is the accused’s mental condition at the time of the alleged offence.

Can an accused be of sound mind when the offence occurred but become of unsound mind later?

Yes.

That is precisely why the law distinguishes between the accused’s mental condition at the time of the offence and the accused’s mental condition during the proceedings.

Does Section 372 itself determine guilt?

No.

It provides the procedure for dealing with the accused’s mental condition in relation to the time of the alleged offence.

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 372
• Title: When accused appears to have been of sound mind
• Corresponding CrPC provision: Section 333
• Main issue: Accused’s mental condition at the time of the alleged offence
• Key distinction: Present mental condition and mental condition at the time of offence are separate questions
• Purpose: Provides the procedure where the accused appears to have been of sound mind when the alleged offence was committed
• Related provision: Section 373 deals with acquittal on the ground of unsoundness of mind

Quick Revision

• Section 372 BNSS deals with an accused who appears to have been of sound mind at the time of the alleged offence.
• The accused’s present mental condition and condition at the time of the offence are separate issues.
• A person may become of unsound mind after the alleged offence.
• Present incapacity does not automatically establish unsoundness of mind at the time of the offence.
• The Court must consider the accused’s mental condition at the relevant time.
• Section 370 concerns the accused’s capacity to defend during proceedings.
• Section 372 concerns the accused’s mental condition when the alleged offence was committed.
• Section 372 corresponds broadly to Section 333 CrPC.

ALSO READ: Section 372 – When accused appears to have been of sound mind

Conclusion

Section 372 of the BNSS addresses an important distinction in criminal proceedings involving persons of unsound mind. The fact that an accused may suffer from unsoundness of mind during the investigation or trial does not automatically establish that the accused was of unsound mind when the alleged offence was committed. Section 372 provides the procedural framework for situations where the accused appears to have been of sound mind at the time of the alleged offence, ensuring that the Court considers the accused’s mental condition at the legally relevant point in time.