Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XXVII: Provisions As to Accused Persons of Unsound Mind
Section 374: Person acquitted on ground of unsoundness of mind to be detained in safe custody
In plain words
If such a person is found to have done the act, which would otherwise have been an offence, the court orders them to be kept in safe custody or handed to a relative or friend. Detention in a mental health establishment must follow the Mental Healthcare Act, 2017 rules.
- Handing over to a relative or friend requires their application and security that the person will be cared for, kept from harming anyone, and produced for inspection.
- The court reports the action to the State Government.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
(1) Whenever the finding states that the accused person committed the act alleged, the Magistrate or Court before whom or which the trial has been held, shall, if such act would, but for the incapacity found, have constituted an offence,—-
(a) order such person to be detained in safe custody in such place and manner as the Magistrate or Court thinks fit; or
(b) order such person to be delivered to any relative or friend of such person.
(2) No order for the detention of the accused in a public mental health establishment shall be made under clause (a) of sub-section (1) otherwise than in accordance with such rules as the State Government may have made under the Mental Healthcare Act, 2017 (10 of 2017).
(3) No order for the delivery of the accused to a relative or friend shall be made under clause (b) of subsection (1) except upon the application of such relative or friend and on his giving security to the satisfaction of the Magistrate or Court 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.
(4) The Magistrate or Court shall report to the State Government the action taken under sub-section (1).
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 12 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 374
No Supreme Court judgment in our database cites this section yet.