Section 374 of BNSS : Section 374: Person acquitted on ground of unsoundness of mind to be detained in safe custody.

BNSS

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Explanation using Example

Example 1:

Scenario: Rajesh, a 35-year-old man, is accused of assaulting his neighbor. During the trial, it is determined that Rajesh was suffering from severe schizophrenia at the time of the incident and was not in control of his actions.

Application of Section 374:

  1. Finding: The court finds that Rajesh did commit the assault, but due to his unsoundness of mind, he is not held criminally responsible.
  2. Order for Safe Custody: The court orders Rajesh to be detained in a mental health facility as per the rules laid down by the State Government under the Mental Healthcare Act, 2017.
  3. Report to State Government: The court reports its action to the State Government, detailing the decision to detain R...

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