Indian criminal procedure | Updated October 2026
CrPC Section 337 and BNSS Section 376: When a Detained Accused Is Fit to Make a Defence
Section 337 of the Code of Criminal Procedure, 1973 prescribed the procedure when a person detained because of unsoundness of mind was subsequently certified capable of defending criminal proceedings. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 376.
Meaning and scope of CrPC Section 337
The former heading was "Procedure where lunatic prisoner is reported capable of making his defence." The expression "lunatic" belongs to the historical statutory heading and is not preferred modern terminology.
Section 337 applied to a person detained under Section 330(2) CrPC. If the Inspector-General of Prisons, for a person detained in jail, or the visitors of the asylum (or any two of them), for a person detained in an asylum, certified that the person could make a defence, the person had to be produced before the Magistrate or Court at the time appointed by it. The court would then proceed under Section 332 CrPC. The certificate was admissible as evidence.
Current provision: Section 376 BNSS
Section 376 is titled "Procedure where prisoner of unsound mind is reported capable of making his defence." It applies to a person detained under Section 369(2) BNSS and sets out the procedure for reporting the person's capacity to participate in their defence.
Under Section 376, the Inspector-General of Prisons may certify capacity for a person detained in jail. For a person detained in a public mental health establishment, the certification is by the Mental Health Review Board constituted under the Mental Healthcare Act, 2017.
Following certification, the person is brought before the Magistrate or Court at the appointed time. The Magistrate or Court deals with the person under Section 371 BNSS. The provision also addresses the evidentiary status of the certificate.
How the procedure works
- Detention: The accused is detained under the relevant statutory provision dealing with incapacity to make a defence.
- Assessment and certification: The designated prison authority or Mental Health Review Board certifies that the accused is capable of making a defence.
- Production before court: The accused is brought before the Magistrate or Court at the time it appoints.
- Judicial determination: Under Section 371 BNSS, the court considers whether the accused is capable of making a defence. If capable, the inquiry or trial proceeds; if not, the statutory safeguards continue to apply.
Related legal provisions explained
Section 369(2) BNSS: Detention pending proceedings
Section 369 concerns release or custody of a person of unsound mind pending investigation or trial. Sub-section (2) provides the relevant framework for detention where release on bail is not appropriate under the statutory conditions.
Section 371 BNSS: Procedure when the accused appears before court
Section 371 provides that, when the accused appears or is brought again before the Magistrate or Court, proceedings continue if the court considers the accused capable of making a defence. If incapacity persists, the court follows the procedures specified in that section.
Mental Healthcare Act, 2017
The Mental Health Review Board is the statutory body identified in Section 376 for certification concerning persons detained in public mental health establishments. The Board's role replaces the earlier reference to asylum visitors in Section 337 CrPC.
Why this provision matters
The law seeks to prevent an accused who cannot meaningfully defend criminal proceedings from being put through an ordinary trial without the required safeguards. Certification enables the court to reconsider the accused's ability to participate, but the court still applies the statutory procedure rather than treating the certificate as an automatic direction to resume trial.
Official legislation and further reading
Read the India Code portal for the official central legislation, the BNSS reference text hosted by the Bureau of Police Research and Development, and the BNSS chapter text hosted by the National Crime Records Bureau. Consult the current legislation and any applicable amendments, notifications and court rulings for an individual case.
In summary: Former CrPC Section 337 corresponds to BNSS Section 376. The central rule remains that an accused reported capable of making a defence must be produced before the appropriate court, which then acts under the applicable procedural safeguards.