BNSS 377 — Procedure where person of unsound mind detained is declared fit to be released.

Bharatiya Nagarik Suraksha Sanhita, 2023

Statutory text

(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.

(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.

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