Bare ActsThe Bharatiya Nagarik Suraksha Sanhita, 2023 (Draft stage of translated version)

Section ꯳꯶꯷

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(꯱) ꯊꯤꯖꯤꯟ-ꯍꯨꯝꯖꯤꯟꯕꯒꯤꯊꯕꯛꯇꯧꯔꯤꯕꯃꯦꯖꯤꯁꯇ꯭ꯔꯦꯠꯑꯃꯅꯃꯍꯥꯛꯀꯤꯃꯥꯌꯣꯛꯇꯊꯤꯖꯤꯟ-ꯍꯨꯝꯖꯤꯟꯕꯒꯤꯊꯕꯛ ꯇꯧꯔꯤꯕꯃꯤꯑꯣꯏꯑꯗꯨꯋꯥꯈꯜꯇꯥꯗꯕꯐꯗꯕꯑꯃꯁꯨꯡꯃꯔꯝꯑꯁꯤꯅꯃꯍꯥꯛꯀꯤꯉꯥꯛ-ꯁꯦꯟꯕꯇꯧꯕꯉꯝꯗꯕꯃꯤꯑꯣꯏꯑꯃꯅꯤꯍꯥꯏꯅ ꯊꯥꯖꯕꯒꯤꯃꯔꯝꯂꯩꯕꯃꯇꯝꯗ, ꯃꯦꯖꯤꯁꯇ꯭ꯔꯦꯠꯑꯗꯨꯅꯑꯁꯤꯒꯨꯝꯕꯋꯥꯈꯜꯐꯗꯕꯒꯤꯃꯇꯥꯡꯗꯊꯤꯖꯤꯟꯒꯅꯤ, ꯑꯃꯁꯨꯡꯑꯁꯤꯒꯨꯝꯕꯃꯤꯑꯣꯏ ꯑꯗꯨꯕꯨꯖꯤꯂꯥꯑꯗꯨꯒꯤꯁꯤꯚꯤꯜꯁꯔꯖꯟꯅꯠꯇ꯭ꯔꯒꯔꯥꯖ꯭ꯌꯁꯔꯀꯥꯔꯅꯂꯝꯖꯤꯡꯕꯑꯇꯣꯞꯄꯃꯦꯗꯤꯀꯦꯜꯑꯣꯐꯤꯁꯔꯅꯌꯦꯡꯁꯤꯟꯍꯟꯒꯅꯤ, ꯑꯃꯁꯨꯡꯃꯗꯨꯒꯤꯃꯇꯨꯡꯗꯑꯁꯤꯒꯨꯝꯕꯁꯔꯖꯟꯅꯠꯇ꯭ꯔꯒꯑꯇꯣꯞꯄꯃꯦꯗꯤꯀꯦꯜꯑꯣꯐꯤꯁꯔꯑꯗꯨꯕꯨꯁꯥꯈꯤꯑꯃꯑꯣꯏꯅꯌꯦꯡꯁꯤꯟꯒꯅꯤ, ꯑꯃꯁꯨꯡꯊꯤꯖꯤꯟ-ꯍꯨꯝꯖꯤꯟꯕꯒꯤꯊꯕꯛꯑꯗꯨꯑꯏꯕꯑꯣꯏꯅꯍꯟꯊꯍꯟꯒꯅꯤ꯫ (꯲) ꯀꯔꯤꯒꯨꯝꯕꯁꯤꯚꯤꯜꯁꯔꯖꯟꯑꯗꯨꯅꯃꯔꯥꯜꯂꯩꯕꯃꯤꯑꯣꯏꯑꯗꯨꯋꯥꯈꯜꯐꯗꯕꯃꯤꯑꯣꯏꯑꯃꯑꯣꯏꯅꯐꯪꯂꯕꯗꯤ, ꯃꯍꯥꯛꯅ ꯑꯁꯤꯒꯨꯝꯕꯃꯤꯑꯣꯏꯑꯗꯨꯕꯨꯑꯅꯥꯕꯑꯗꯨꯌꯦꯡꯁꯤꯟꯕꯤꯅꯕ, ꯂꯥꯌꯦꯡꯅꯕꯑꯃꯁꯨꯡꯄ ꯭ ꯔꯣꯒꯅꯣꯁꯤꯁꯀꯤꯗꯃꯛꯒꯚꯔꯃꯦꯟꯠꯍꯣꯁꯄꯤꯇꯥꯜ ꯅꯠꯇ꯭ꯔꯒꯒꯚꯔꯃꯦꯟꯠꯃꯦꯗꯤꯀꯦꯜꯀꯣꯂꯦꯖꯒꯤꯁꯥꯏꯀ ꯭ ꯌꯥꯇ꯭ꯔꯤꯁ ꯭ ꯠꯅꯠꯇ꯭ꯔꯒꯀ ꯭ ꯂꯤꯅꯤꯀꯦꯜꯁꯥꯏꯀꯣꯂꯣꯖꯤꯁ ꯭ ꯠꯑꯃꯗꯔꯤꯐꯔꯇꯧꯒꯅꯤ ꯑꯃꯁꯨꯡꯊꯧꯗꯣꯛꯑꯗꯨꯑꯣꯏꯔꯕꯁꯨꯁꯥꯏꯀ ꯭ ꯌꯥꯇ꯭ꯔꯤꯁ ꯭ ꯠꯅꯠꯇ꯭ꯔꯒꯀ ꯭ ꯂꯤꯅꯤꯀꯦꯜꯁꯥꯏꯀꯣꯂꯣꯖꯤꯁ ꯭ ꯠꯑꯗꯨꯅ, ꯃꯔꯥꯜꯂꯩꯕꯃꯤꯑꯣꯏꯑꯗꯨꯅ ꯋꯥꯈꯜꯐꯗꯕꯅꯠꯇ꯭ꯔꯒꯋꯥꯈꯜꯒꯤꯑꯁꯣꯏꯕꯂꯩꯕ꯭ꯔꯍꯥꯏꯕꯗꯨꯃꯦꯖꯤꯁꯇ꯭ꯔꯦꯠꯑꯗꯨꯗꯈꯪꯍꯟꯒꯅꯤ꯫ ꯲꯰꯱꯲ꯒꯤ꯳꯲꯫ 115 Provided that if the accused is aggrieved by the information given by the psychiatric or clinical psychologist, as the case may be, to the Magistrate, he may prefer an appeal before the Medical Board which shall consist of— (a) head of psychiatry unit in the nearest Government hospital; and (b) a faculty member in psychiatry in the nearest Government medical college. (3) Pending such examination and inquiry, the Magistrate may deal with such person in accordance with the provisions of section 369. (4) If the Magistrate is informed that the person referred to in sub-section (2) is a person of unsound mind, the Magistrate shall further determine whether the unsoundness of mind renders the accused incapable of entering defence and if the accused is found so incapable, the Magistrate shall record a finding to that effect, and shall examine the record of evidence produced by the prosecution and after hearing the advocate of the accused but without questioning the accused, if he finds that no prima facie case is made out against the accused, he shall, instead of postponing the enquiry, discharge the accused and deal with him in the manner provided under section 369: Provided that if the Magistrate finds that a prima facie case is made out against the accused in respect of whom a finding of unsoundness of mind is arrived at, he shall postpone the proceeding for such period, as in the opinion of the psychiatrist or clinical psychologist, is required for the treatment of the accused, and order the accused to be dealt with as provided under section 369. (5) If the Magistrate is informed that the person referred to in sub-section (2) is a person with intellectual disability, the Magistrate shall further determine whether the intellectual disability renders the accused incapable of entering defence, and if the accused is found so incapable, the Magistrate shall order closure of the inquiry and deal with the accused in the manner provided under section 369.

Section ꯳꯶꯷ – The Bharatiya Nagarik Suraksha Sanhita, 2023 (Draft stage of translated version) | DailyLaw.ai