Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 393
This section outlines the essential components of a judgment delivered by a court in criminal proceedings under the BNSS.
Code:
BNSS Section 393
Explanation:
- Subsection (1): Unless otherwise specified by the BNSS, all judgments (referencing Section 392, which deals with judgments in general) must fulfill the following criteria:
- (a) Language: Written in the language of the court.
- (b) Content: Include the points for determination, the court’s decision, and the reasons behind it.
- (c) Conviction Details: Clearly specify the offense (if any) for which the accused is convicted, the relevant section of the BNSS or other applicable law, and the sentence imposed.
- (d) Acquittal Details: If the judgment is an acquittal, it must state the offense for which the accused is acquitted and order their release.
- Subsection (2): If the conviction falls under the BNSS but the specific section or part of a section is unclear, the court must explicitly mention the uncertainty and pass judgment in the alternative.
- Subsection (3): For convictions involving death or imprisonment for life/a term of years, the judgment must provide reasons for the sentence awarded. In the case of a death sentence, specific reasons for imposing such a punishment must be detailed.
- Subsection (4): When the conviction carries a prison term of one year or more but the court imposes a sentence of less than three months, the reasoning behind this shorter sentence must be recorded, except for sentences of imprisonment till the rising of the court or cases tried summarily under the BNSS provisions.
- Subsection (5): If a person is sentenced to death, the sentence must explicitly state that the execution method will be hanging by the neck until death.
- Subsection (6): Orders issued under Sections 136 and 157(2), and final orders under Sections 144, 164, and 166, must include the points for determination, the decision, and the reasons supporting the decision.
Illustration:
Imagine a case where an individual is charged with theft under Section 378 of the BNSS. The court finds the accused guilty and sentences them to two years of imprisonment. The judgment, as per Section 393, will contain the following:
- It will be written in the language of the court.
- It will state the point for determination: whether the accused committed theft.
- It will state the decision: the accused is found guilty of theft.
- It will provide reasons for the decision, likely including evidence presented in the case.
- It will specify the offense: theft under Section 378 of the BNSS.
- It will specify the sentence: two years of imprisonment.
Common Questions and Answers:
- Q: Is a judgment always required in a criminal case?
- A: Yes, as per Section 392 of the BNSS, a judgment is mandatory in all criminal cases. This judgment should adhere to the requirements outlined in Section 393.
- Q: What if the court fails to include all the necessary elements in a judgment?
- A: This could be considered a procedural error and may be grounds for appeal. The higher court might review the judgment and potentially direct the lower court to rectify the omissions.
- Q: Can the language of the judgment be different from the language of the proceedings?
- A: No, the language of the judgment must match the language used in the court proceedings, as stated in Section 393(1)(a).
