BNSS Section 392
1. Code
This section is part of the **Bharatiya Nagarik Suraksha Sanhita (BNSS)**, also known as the **Indian Penal Code (IPC)**.
2. Explanation
This section lays down the procedure for pronouncing judgment in criminal trials in India. It emphasizes transparency, accessibility, and ensuring the accused’s right to be present at the pronouncement of the judgment.
- Pronouncement in Open Court: The judgment must be pronounced in open court by the presiding officer. This ensures public scrutiny and transparency in the judicial process.
- Modes of Pronouncement: There are three ways a judgment can be delivered:
- Delivering the whole judgment: This involves providing a written copy of the entire judgment to the parties.
- Reading out the whole judgment: This entails the presiding officer reading the entire judgment aloud in court.
- Reading out the operative part and explaining the substance: This approach involves the presiding officer reading only the essential parts of the judgment and explaining its substance in a language understandable by the accused.
- Recording and Signing: The judgment must be recorded and signed by the presiding officer. This ensures authenticity and accountability.
- Availability of Judgment: The judgment, or a copy thereof, must be made available to the parties for perusal free of cost. Furthermore, the court must, as far as practicable, upload the copy on its portal within seven days.
- Accused’s Attendance: The accused must be present to hear the judgment, either in person or through audio-video electronic means. However, exceptions exist for accused who are not in custody or when the sentence is a fine only.
- Absence of Parties: The absence of any party or their advocate does not invalidate the judgment.
- Section 513: This section does not limit the scope of Section 513, which deals with the power of the court to pass a judgment in the absence of the accused.
3. Illustration
Imagine a case where a person is charged with theft. After the trial, the judge finds the accused guilty and sentences them to imprisonment. This judgment must be pronounced in open court, either by delivering the whole judgment, reading it out, or reading out the operative part and explaining the substance. The accused must be present to hear the judgment, and a copy of the judgment must be made available to them. This ensures fairness and transparency in the judicial process.
4. Common Questions and Answers
Q: Can the accused be absent from the judgment pronouncement?
A: Generally, the accused must be present to hear the judgment. However, exceptions exist for accused not in custody, those sentenced only to a fine, or those acquitted. The court may also pronounce judgment in the absence of one or more accused if they fail to attend, in order to avoid undue delay.
Q: What happens if the judgment is not pronounced within 45 days?
A: While the judgment must be pronounced within 45 days, there is no specific legal consequence for exceeding this time frame. However, it is important to note that the court should strive to deliver judgments within a reasonable time.
Q: Can the judgment be delivered in a language the accused does not understand?
A: No. The presiding officer must explain the substance of the judgment in a language understandable by the accused or their advocate, as per clause (c) of subsection (1). This ensures that the accused understands the consequences of the judgment.
Q: What is the purpose of uploading the judgment on the court portal?
A: Uploading the judgment online promotes transparency and accessibility. It allows the public, legal professionals, and interested parties to access the judgment conveniently and monitor the judicial process.
