Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XXVII: Provisions As to Accused Persons of Unsound Mind
Section 372: When accused appears to have been of sound mind
In plain words
If the accused seems sound of mind at the inquiry or trial, but the evidence suggests they did the act while unable, because of unsoundness of mind, to know its nature or that it was wrong or illegal, the Magistrate proceeds with the case and commits it to the Court of Session if it should be tried there.
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
When the accused appears to be of sound mind at the time of inquiry or trial, and the Magistrate is satisfied from the evidence given before him that there is reason to believe that the accused committed an act, which, if he had been of sound mind, would have been an offence, and that he was, at the time when the act was committed, by reason of unsoundness of mind, incapable of knowing the nature of the act or that it was wrong or contrary to law, the Magistrate shall proceed with the case, and, if the accused ought to be tried by the Court of Session, commit him for trial before the Court of Session.
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 372
No Supreme Court judgment in our database cites this section yet.