Bharatiya Nagarik Suraksha Sanhita — Section 377

377. (1) If a person is detained under the provisions of sub-section (2) of section 369, or section 374, and such Inspector-General or visitors shall certify that, in his or their judgment, he may be released without danger of his doing injury to himself or to any other person, the State Government may thereupon order him to be released, or to be detained in custody, or to be transferred to a public mental health establishment if he has not been already sent to such establishment; and, in case it orders him to be transferred to a public mental health establishment, may appoint a Commission, consisting of a Judicial and two medical officers.

Person acquitted on ground of unsoundness of mind to be detained in safe custody.

Power of State Government to empower officer in charge to discharge.

Procedure where prisoner of unsound mind is reported capable of making his defence.

Procedure where person of unsound mind detained is declared fit to be released.

10 of 2017.

10 of 2017.

This Bare Act is a government source available in the public domain. It is being used strictly for educational purposes only.

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(2) Such Commission shall make a formal inquiry into the state of mind of such person, take such evidence as is necessary, and shall report to the State Government, which may order his release or detention as it thinks fit.