Bharat Samvidhan
BNSS Section 378

Section 378 BNSS: ROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE

Official criminal procedure provision under the Bharatiya Nagarik Suraksha Sanhita, 2023.

Official Statutory Wording (100% Legally Correct)

(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. CHAPTER XXVIII P

Simplified Legal Summary

This section details the statutory rules, frameworks, and procedures under Section 378 of the BNSS.

Legal Compliance Notice

This content is compiled from the official Gazette of India publication. For active legal actions, petitions, or filings, citizens are advised to cross-reference this clause with their legal advocate under the corresponding Sections of the BNSS 2023.

Frequently Asked Questions (FAQs)

Q: What does BNSS Section 378 cover?

A: Section 378 of the BNSS 2023 deals with: "ROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE". It is part of India's updated criminal procedure law that replaced the old CrPC 1973, effective July 1, 2024.

Q: Which old CrPC section does BNSS Section 378 replace?

A: BNSS Section 378 ("ROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE") is part of the BNSS 2023 which replaced the entire CrPC 1973. Many sections were renumbered — use the Law Decoder for exact cross-references.

Q: Does BNSS Section 378 apply across all Indian states?

A: Yes. BNSS 2023 applies to the whole of India except Nagaland and specified tribal areas (per Section 1 BNSS). Section 378 ("ROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE") follows this national applicability.

Q: When did BNSS Section 378 come into effect?

A: The BNSS 2023 — including Section 378 ("ROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE") — came into effect on July 1, 2024, by Central Government notification in the Official Gazette.