59 exam-style questions on this chapter, written from the actual legal text and tagged for UPSC, Judiciary and CLAT. Five are shown below with answers and explanations — the rest are in the free interactive drill.
Q1 · easy · BNSS S.367
Under Section 367(1) BNSA 2023, if a Magistrate holding an inquiry has reason to believe the accused is of unsound mind, who shall the Magistrate cause to examine the accused initially?
- A.The civil surgeon of the district or such other medical officer as the State Government may direct✓ correct
- B.A psychiatrist or clinical psychologist of a Government hospital or medical college
- C.The Medical Board constituted under the proviso to sub-section (2)
- D.The head of the psychiatry unit in the nearest Government hospital
Why: Section 367(1) requires the Magistrate to cause the person to be examined by the civil surgeon of the district or such other medical officer as the State Government may direct, and then to examine that surgeon/officer as a witness. The psychiatrist/clinical psychologist is involved only after the civil surgeon's finding under sub-section (2).
Read Section 367 — Procedure in case of accused being person of unsound mind →Q2 · easy · BNSS S.367
If the civil surgeon finds the accused to be a person of unsound mind under Section 367(2), to whom must the civil surgeon refer the accused for care, treatment and prognosis?
- A.To the district magistrate for disposition
- B.To a psychiatrist or clinical psychologist of a Government hospital or Government medical college✓ correct
- C.To the Medical Board specified in the proviso to sub-section (2) as first instance
- D.To a private psychiatrist engaged by the accused
Why: Section 367(2) states the civil surgeon shall refer such person to a psychiatrist or clinical psychologist of a Government hospital or Government medical college for care, treatment and prognosis. The Medical Board is available only if the accused is aggrieved by that psychiatrist/clinical psychologist's information.
Read Section 367 — Procedure in case of accused being person of unsound mind →Q3 · medium · BNSS S.367
Under Section 367(4), a Magistrate finds the accused to be of unsound mind and incapable of making a defence. After examining the prosecution evidence and hearing the accused's advocate but without questioning the accused, the Magistrate concludes no prima facie case is made out. What should the Magistrate do?
- A.Postpone the inquiry for psychiatric treatment
- B.Commit the accused to prison custody pending further orders
- C.Discharge the accused and deal with him in the manner provided under section 369✓ correct
- D.Refer the matter to the High Court for directions
Why: Section 367(4) directs that if no prima facie case is made out, the Magistrate shall, instead of postponing the enquiry, discharge the accused and deal with him as provided under section 369. Postponement is required only if a prima facie case is found and treatment time is needed on psychiatrist's opinion.
Read Section 367 — Procedure in case of accused being person of unsound mind →Q4 · medium · BNSS S.367
When the Magistrate is informed under sub-section (2) that the person is a person with intellectual disability, what is the Magistrate required to do if that intellectual disability renders the accused incapable of entering defence?
- A.Order closure of the inquiry and deal with the accused as provided under section 369✓ correct
- B.Postpone the proceedings for treatment as per psychiatrist's opinion
- C.Discharge the accused only if no prima facie case is found
- D.Refer the accused to the Medical Board for appellate review
Why: Section 367(5) states that if the Magistrate is informed the person is a person with intellectual disability and finds such disability renders the accused incapable of entering defence, the Magistrate shall order closure of the inquiry and deal with the accused under section 369. The proviso and Medical Board process in sub-section (2) relate to aggrievement against psychiatric information, not automatic referral here.
Read Section 367 — Procedure in case of accused being person of unsound mind →Q5 · hard · BNSS S.367
The proviso to Section 367(2) permits the accused to prefer an appeal before a Medical Board if aggrieved by the psychiatrist's or clinical psychologist's information. According to that proviso, which two persons shall constitute the Medical Board?
- A.The civil surgeon of the district and the head of psychiatry unit in the nearest Government hospital
- B.Two psychiatrists from any Government hospital chosen by the State Government
- C.The head of psychiatry unit in the nearest Government hospital and a faculty member in psychiatry in the nearest Government medical college✓ correct
- D.A magistrate and a faculty member in psychiatry in the nearest Government medical college
Why: The proviso to sub-section (2) specifies the Medical Board shall consist of (a) the head of the psychiatry unit in the nearest Government hospital and (b) a faculty member in psychiatry in the nearest Government medical college. No other members are provided for in the text.
Read Section 367 — Procedure in case of accused being person of unsound mind →54 more questions on Provisions As To Accused Persons Of Unsound Mind
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