Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XXVI: General Provisions As to Inquiries and Trials
Section 357: Procedure where accused does not understand proceedings
In plain words
If the accused is not of unsound mind but cannot be made to understand the proceedings, the court can still proceed. If a court other than the High Court convicts them, the case goes to the High Court with a report, and the High Court decides what order to make.
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
If the accused, though not a person of unsound mind, cannot be made to understand the proceedings, the Court may proceed with the inquiry or trial; and, in the case of a Court other than a High Court, if such proceedings result in a conviction, the proceedings shall be forwarded to the High Court with a report of the circumstances of the case, and the High Court shall pass thereon such order as it thinks fit.
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 357
No Supreme Court judgment in our database cites this section yet.