Bharatiya Nagarik Suraksha Sanhita, 2023
Section 357
Procedure where accused does not understand proceedings
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.
Why this exists
Some accused persons may struggle to follow legal proceedings due to language barriers, deafness, cognitive limitations short of legal unsoundness of mind, or other reasons, without being legally classified as of unsound mind. This provision allows the trial to proceed rather than stall indefinitely, but adds an extra layer of High Court scrutiny over any resulting conviction, ensuring fairness is double-checked when the accused could not fully grasp what was happening to them.
Common misconceptions
- Myth: This section is the same as the rule for accused persons of unsound mind.
Fact: This section specifically deals with accused persons who are not of unsound mind but simply cannot be made to understand the proceedings for some other reason; a separate set of provisions deals with unsoundness of mind.