Section 406 – Bharatiya Nagarik Suraksha Sanhita (BNSS) – Court Of Session To Send Copy Of Finding And Sentence To District Magistrate.

Code

Section 406 BNSS: In cases tried by the Court of Session or a Chief Judicial Magistrate, the Court or such Magistrate, as the case may be, shall forward a copy of its or his finding and sentence (if any) to the District Magistrate within whose local jurisdiction the trial was held.

Explanation

Section 406 of the Bharatiya Nyaya Sanhita, 2023 (BNSS) mandates that after a trial conducted by the Court of Session or the Chief Judicial Magistrate, a copy of the court’s findings and sentence must be sent to the District Magistrate. This provision ensures administrative oversight and proper record-keeping of judicial decisions within a district.

Key Provisions:

1. Applicability: This section applies to trials conducted by:
   • The Court of Session
   • The Chief Judicial Magistrate
2. Responsibility: The concerned Court or Magistrate must forward a copy of:
   • The Finding (decision of the court on guilt or innocence)
   • The Sentence (if any punishment is awarded)
3. Recipient: The document must be forwarded to the District Magistrate within whose jurisdiction the trial was conducted.
4. Purpose:
   • Maintains transparency in judicial proceedings.
   • Ensures executive authorities remain informed about serious offenses and judicial actions within their jurisdiction.

Illustration

Example 1: Murder Trial in the Court of Session

A person accused of murder under Section 103 BNSS is tried in a Sessions Court. The Court convicts the accused and sentences him to life imprisonment. As per Section 406 BNSS, the court must send a copy of this judgment to the District Magistrate.

Example 2: Fraud Trial in the Chief Judicial Magistrate’s Court

A businessman is convicted of fraud under Section 316 BNSS by the Chief Judicial Magistrate and sentenced to 3 years imprisonment. The Magistrate is required to forward a copy of the judgment to the District Magistrate.

Common Questions and Answers on Section 406 BNSS

1. Why is it necessary to send a copy of the judgment to the District Magistrate?

To ensure that the District Magistrate, as the executive head of the district, remains informed about major criminal trials and convictions within their jurisdiction.

2. What happens if the Court does not forward the copy?

Failure to send the judgment could lead to administrative lapses, delays in executing sentences, and lack of coordination between the judiciary and district administration.

3. Does this apply to all criminal cases?

No, it applies only to cases tried in the Court of Session and Chief Judicial Magistrate’s Court.

4. What is included in the copy sent to the District Magistrate?

It includes the court’s findings (guilt or innocence) and sentence (punishment awarded, if any).

5. Can the District Magistrate alter the judgment?

No, the District Magistrate cannot alter the judgment. The copy is for record-keeping and administrative purposes only.

Conclusion

Section 406 BNSS ensures effective communication between the judiciary and the district administration, allowing for smooth enforcement of court decisions. By mandating the transmission of judicial findings and sentences, this provision upholds transparency and accountability in the criminal justice system.

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