सं Samvidhan

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 357

Procedure where accused does not understand proceedings

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.