BNSS 378 — Delivery of person of unsound mind to care of relative or friend.

Bharatiya Nagarik Suraksha Sanhita, 2023

Statutory text

(1) Whenever any relative
or friend of any person detained under the provisions of section 369 or section 374 desires that he shall be
delivered to his care and custody, the State Government may, upon the application of such relative or friend
and on his giving security to the satisfaction of such State Government, that the person delivered shall—
(a) be properly taken care of and prevented from doing injury to himself or to any other person;
(b)  be produced  for  the  inspection  of  such  officer,  and  at  such  times  and  places,  as  the  State
Government may direct;
(c) in the case of a person detained under sub-section (2) of section 369, be produced when required
before such Magistrate or Court,
order such person to be delivered to such relative or friend.
(2) If the person so delivered is accused of any offence, the trial of which has been postponed by reason
of his being of unsound mind and incapable of making his defence, and the inspecting officer referred to in
clause (b) of sub-section (1), certifies at any time to the Magistrate or Court that such person is capable of
making his defence, such Magistrate or Court shall call upon the relative or friend to whom such accused
was delivered to produce him before the Magistrate or Court; and, upon such production the Magistrate or
Court shall proceed in accordance with the provisions of section 371, and the certificate of the inspecting
officer shall be receivable as evidence.

Back to BNSS