Section 369 of BNSS : Section 369: Release of person of unsound mind pending investigation or trial.

Explanation using Example

Example 1:

Scenario: Ramesh, a 35-year-old man, is accused of theft. During the trial, it is observed that Ramesh exhibits signs of severe mental illness. The court orders a psychiatric evaluation, which confirms that Ramesh is suffering from schizophrenia and is incapable of defending himself in court.

Application of Section 369:

1. Release on Bail: The court determines that Ramesh's condition does not require in-patient treatment. His brother, Suresh, undertakes to ensure that Ramesh receives regular out-patient psychiatric treatment and to prevent him from harming himself or others. Based on this undertaking, the court orders Ramesh's release on bail.
2. No Bail: If Suresh had not given the undertaking, or if the court believed that Ramesh's condition required in-patient treatment, the court would have ordered Ramesh to be kept in a mental health facility where he could receive regular psychiatric treatment. The court would then report this action to the State Government.

Example 2:

Scenario: Meena, a 28-year-old woman, is charged with assault. During the investigation, it is found that Meena has an intellectual disability that makes her incapable of understanding the proceedings or defending herself.

Application of Section 369:

1. Release on Bail: The court finds that Meena's intellectual disability does not require in-patient treatment. Her parents undertake to...

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