BNSS Section 377 - Procedure where person with mental illness detained is declared fit to be released

(1) If a person with mental illness is detained under the provisions of sub-section (2) of section 369, or section 374, and such Inspector-General or visitors shall certify that, in his or their judgment, he may be released without danger of his doing injury to himself or to any other person, the State Government may thereupon: Order him to be released; Order him to be detained in custody; Order him to be transferred to a public mental health establishment if he has not been already sent to such establishment. In case it orders him to be transferred to a public mental health establishment, the State Government may appoint a Commission consisting of a Judicial and two medical officers.

(2) Such Commission shall: Make a formal inquiry into the state of mind of such person; Take such evidence as is necessary; and Report to the State Government, which may order his release or detention as it thinks fit.