Bharatiya Nagarik Suraksha Sanhita, 2023
BNSS Section 404
Copy of judgment to be given to accused and other persons
In one line
BNSS Section 404 deals with copy of judgment to be given to accused and other persons and replaces CrPC 363.
Bare act text — BNSS 404
404. Copy of judgment to be given to accused and other persons.
(1) When the accused is sentenced to imprisonment, a copy of the judgment shall, immediately after the pronouncement of the judgment, be given to him free of cost.
(2) On the application of the accused, a certified copy of the judgment, or when he so desires, a translation in his own language if practicable or in the language of the Court, shall be given to him without delay, and such copy shall, in every case where the judgment is appealable by the accused, be given free of cost: Provided that where a sentence of death is passed or confirmed by the High Court, a certified copy of the judgment shall be immediately given to the accused free of cost whether or not he applies for the same.
(3) The provisions of sub-section (2) shall apply in relation to an order under section 136 as they apply in relation to a judgment which is appealable by the accused.
(4) When the accused is sentenced to death by any Court and an appeal lies from such judgment as of right, the Court shall inform him of the period within which, if he wishes to appeal, his appeal should be preferred.
(5) Save as otherwise provided in sub-section (2), any person affected by a judgment or order passed by a Criminal Court shall, on an application made in this behalf and on payment of the prescribed charges, be given a copy of such judgment or order or of any deposition or other part of the record: Provided that the Court may, if it thinks fit for some special reason, give it to him free of cost: Provided further that the Court may, on an application made in this behalf by the Prosecuting Officer, provide to the Government, free of cost, a certified copy of such judgment, order, deposition or record.
(6) The High Court may, by rules, provide for the grant of copies of any judgment or order of a Criminal Court to any person who is not affected by a judgment or order, on payment, by such person, of such fees, and subject to such conditions, as the High Court may, by such rules, provide.
What changed from the CrPC
- CrPC 363 → BNSS 404: New Proviso added to subsection (5), which provides further that the Court may, on an application made on this behalf by the Prosecuting Officer, provide to the Government, free of cost, a certified copy of such judgement, order, deposition, or record.
Frequently asked
What was BNSS Section 404 in the CrPC?
BNSS Section 404 (Copy of judgment to be given to accused and other persons) replaces Section 363 of the Code of Criminal Procedure, 1973. CrPC 363 is now BNSS 404.
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Nearby BNSS sections
- BNSS 399 — Compensation to persons groundlessly arrested
- BNSS 400 — Order to pay costs in non-cognizable cases
- BNSS 401 — Order to release on probation of good conduct or after admonition
- BNSS 402 — Special reasons to be recorded in certain cases
- BNSS 403 — Court not to alter judgment
- BNSS 405 — Judgment when to be translated
- BNSS 406 — Court of Session to send copy of finding and sentence to District Magistrate
- BNSS 407 — Sentence of death to be submitted by Court of Session for confirmation
- BNSS 408 — Power to direct further inquiry to be made or additional evidence to be taken
- BNSS 409 — Power of High Court to confirm sentence or annul conviction