Section 375 of BNSS, 2023 — Power of State Government to Empower Officer in Charge to Discharge

Introduction

Section 375 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the power of the State Government to empower the officer in charge of a prison or other place of detention to discharge a person who has been detained under the provisions relating to persons of unsound mind.

The provision creates an administrative mechanism for discharge where the State Government considers that the statutory conditions for such discharge are satisfied.

Meaning of Section 375

Section 375 empowers the State Government to authorise an officer in charge to discharge a person who has been detained under the provisions concerning persons of unsound mind.

The provision is therefore concerned with:

• the authority of the State Government;
• the officer in charge of the relevant place of detention; and
• the discharge of a person detained because of unsoundness of mind.

It should be read together with the surrounding provisions dealing with persons of unsound mind.

Object and Purpose

The purpose of Section 375 is to provide a mechanism for discharge without requiring every discharge decision to be made directly by the State Government.

The State Government may empower the officer in charge to exercise the discharge power in accordance with the statutory requirements.

This facilitates administration of persons detained under the mental-health-related provisions of BNSS.

Who Can Exercise the Power?

The power originates with the State Government.

The State Government may empower the officer in charge of the relevant place of detention to exercise the power of discharge.

Therefore, the officer in charge does not possess an unlimited independent power under Section 375.

The authority is derived from the empowerment granted by the State Government.

Nature of the Power

The power under Section 375 is administrative and statutory in character.

It is connected with the continued detention and discharge of a person of unsound mind.

The provision does not create a criminal punishment or impose a new sentence.

Instead, it provides a mechanism through which a person detained under the relevant provisions may be discharged when the statutory requirements are satisfied.

Who May Be Discharged?

Section 375 concerns a person who has been detained under the provisions dealing with persons of unsound mind.

The provision therefore operates in the context of the preceding provisions governing:

• persons of unsound mind;
• safe custody;
• detention;
• improvement in mental condition; and
• release or discharge.

It should not be treated as a general power to discharge every prisoner.

Relationship with Section 374

Section 374 deals with a person acquitted on the ground of unsoundness of mind and provides for safe custody or delivery to a relative or friend in the circumstances specified there.

Section 375 follows this framework by providing a mechanism concerning discharge from such detention.

The two provisions should therefore be read together when examining the post-acquittal treatment of a person of unsound mind.

Relationship with Section 376

Section 376 deals with a prisoner of unsound mind who is reported capable of making his defence.

Section 375, on the other hand, concerns the power of the State Government to empower the officer in charge to discharge a person detained under the relevant provisions.

Thus, the focus is different:

• Section 375: administrative power concerning discharge.
• Section 376: procedure following a report that a prisoner has become capable of making a defence.

Relationship with Section 377

Section 377 deals with the procedure where a person of unsound mind detained under the relevant provisions is declared fit to be released.

Section 375 concerns the State Government’s power to empower the officer in charge to discharge.

Therefore, Section 375 should be read as part of the broader statutory framework governing the release and discharge of persons of unsound mind.

Example

A person is detained under the BNSS provisions concerning persons of unsound mind.

The State Government considers the circumstances and empowers the officer in charge of the relevant institution to exercise the statutory power of discharge.

The officer in charge may then exercise that authority in accordance with Section 375 and the applicable conditions.

The officer’s authority exists because it has been conferred by the State Government.

Important Distinction

State Government’s Power vs Officer’s Power

The State Government possesses the power to empower the officer in charge.

The officer in charge exercises the discharge power only within the authority granted by the State Government and subject to the applicable statutory requirements.

Discharge vs Acquittal

Discharge under Section 375 should not be confused with acquittal in a criminal trial.

Acquittal concerns the determination of criminal liability by a Court.

Discharge under this framework concerns the person’s detention and release after proceedings involving unsoundness of mind.

Discharge vs Release

The terms may appear similar, but they operate within different statutory contexts.

Section 375 specifically concerns the power to empower an officer in charge to discharge a person detained under the relevant provisions.

The surrounding provisions deal with different forms of release, custody and discharge.

BNSS and CrPC

Section 375 of BNSS corresponds to Section 337 of the Code of Criminal Procedure, 1973 (CrPC).

The provision substantially carries forward the earlier procedural framework concerning the State Government’s power to empower the officer in charge to discharge a person detained under the relevant provisions relating to unsoundness of mind.

The current BNSS provision must, however, be applied according to the BNSS framework and the applicable mental healthcare legislation.

Relationship with the Mental Healthcare Act, 2017

The provisions concerning persons of unsound mind under BNSS operate alongside the modern statutory framework governing mental healthcare.

Where detention or treatment involves a mental health establishment, the requirements of the Mental Healthcare Act, 2017 and applicable rules may become relevant.

The statutory framework therefore requires coordination between criminal procedure and mental healthcare safeguards.

Relationship with BNS and BSA

The three criminal laws have different functions:

• Bharatiya Nyaya Sanhita, 2023 (BNS) — substantive criminal offences and criminal liability.
• Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — criminal procedure.
• Bharatiya Sakshya Adhiniyam, 2023 (BSA) — law of evidence.

Section 375 is a procedural provision under BNSS and concerns the administrative mechanism for discharge of persons detained under the provisions relating to unsoundness of mind.

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.
• Section 374 — Person acquitted on ground of unsoundness of mind to be detained in safe custody.
• Section 375 — Power of State Government to empower officer in charge to discharge.
• Section 376 — Procedure where prisoner of unsound mind is reported capable of making his defence.
• Section 377 — Procedure where person of unsound mind detained is declared fit to be released.

Common Confusions

Can the officer in charge discharge the person on his own authority?

The authority under Section 375 comes from the State Government.

The officer in charge must be empowered by the State Government to exercise the relevant discharge power.

Does Section 375 provide for acquittal?

No.

It concerns discharge from detention and is not a provision governing determination of criminal guilt or innocence.

Is every prisoner covered by Section 375?

No.

The provision operates in the specific context of persons detained under the BNSS provisions concerning unsoundness of mind.

Is Section 375 the same as Section 376?

No.

Section 375 concerns the State Government’s power to empower an officer in charge to discharge.

Section 376 concerns the procedure where a prisoner of unsound mind is reported capable of making his defence.

Topic at a Glance

• Topic: Power of State Government to empower officer in charge to discharge
• BNSS Section: Section 375
• Primary authority: State Government
• Person exercising the power: Officer in charge, when empowered
• Subject: Discharge of a person detained under provisions relating to unsoundness of mind
• Nature: Statutory administrative power
• Related provisions: Sections 374, 376 and 377
• Corresponding CrPC provision: Section 337

Quick Revision

• Section 375 BNSS deals with the power of the State Government to empower the officer in charge to discharge.
• The provision operates in the context of persons detained under the provisions concerning unsoundness of mind.
• The State Government is the authority that grants the empowerment.
• The officer in charge may exercise the discharge power when properly empowered.
• Section 375 is concerned with discharge, not criminal acquittal.
• It should be read with the surrounding provisions dealing with custody, release and discharge of persons of unsound mind.
• Section 375 BNSS corresponds to Section 337 CrPC.
• Section 376 deals separately with a prisoner who is reported capable of making his defence.
• Section 377 deals separately with a person of unsound mind who is declared fit to be released.

ASLO READ: Section 374 – Person acquitted on ground of unsoundness of mind to be detained in safe custody

Conclusion

Section 375 BNSS provides an administrative mechanism for the discharge of persons detained under the provisions relating to unsoundness of mind. It enables the State Government to empower the officer in charge to exercise the discharge power, thereby allowing the statutory framework to operate efficiently while maintaining governmental oversight over the release of persons detained under these provisions.