Section 393 BNSS: Language and contents of judgment (Formerly Section 354 CrPC)

Section 393 of Bharatiya Nagarik Suraksha Sanhita, 2023: Language and contents of judgment

Official Bare Act Text

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(1) Except as otherwise expressly provided by this Sanhita, every judgment referred to in section 392,—

(a) shall be written in the language of the Court;

(b) shall contain the point or points for determination, the decision thereon and the reasons for the decision;

(c) shall specify the offence (if any) of which, and the section of the Bharatiya Nyaya Sanhita, 2023 or other law under which, the accused is convicted, and the punishment to which he is sentenced;

(d) if it be a judgment of acquittal, shall state the offence of which the accused is acquitted and direct that he be set at liberty.

(2) When the conviction is under the Bharatiya Nyaya Sanhita, 2023 and it is doubtful under which of two sections, or under which of two parts of the same section, of that Sanhita the offence falls, the Court shall distinctly express the same, and pass judgment in the alternative.

(3) When the conviction is for an offence punishable with death or, in the alternative, with imprisonment for life or imprisonment for a term of years, the judgment shall state the reasons for the sentence awarded, and, in the case of sentence of death, the special reasons for such sentence.

(4) When the conviction is for an offence punishable with imprisonment for a term of one year or more, but the Court imposes a sentence of imprisonment for a term of less than three months, it shall record its reasons for awarding such sentence, unless the sentence is one of imprisonment till the rising of the Court or unless the case was tried summarily under the provisions of this Sanhita.

(5) When any person is sentenced to death, the sentence shall direct that he be hanged by the neck till he is dead.

(6) Every order under section 136 or sub-section (2) of section 157 and every final order made under section 144, section 164 or section 166 shall contain the point or points for determination, the decision thereon and the reasons for the decision.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 393

Section 393 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 354 of the CrPC, 1973) dictates the mandatory language, contents, points for determination, decision, and reasons required in every criminal judgment, including the mandatory 'special reasons' for awarding the death penalty.

Essential Ingredients of Judgment: Must be written in the language of the Court, contain the points for determination, the decision thereon, and the reasons for the decision.
Specification of Offence & Law: Must specify the offence of which, and the Section of the BNS or special law under which, the accused is convicted, and the punishment to which sentenced.
Special Reasons for Death Sentence: When the conviction is for an offence punishable with death or life imprisonment, the judgment shall state the reasons for the sentence awarded, and in the case of sentence of death, the special reasons for such sentence.
Solitary Confinement Cap: Imposes strict limits on sentences of solitary confinement.

Key Landmark Precedents:

Bachan Singh v. State of Punjab, (1980) 2 SCC 684: The Constitution Bench settled that capital punishment under Section 354(3) CrPC (Section 393(3) BNSS) is an extraordinary exception restricted solely to the 'rarest of rare' cases where alternative options are unquestionably foreclosed.
Machhi Singh v. State of Punjab, (1983) 3 SCC 470: Formulated the aggravating and mitigating balance-sheet framework required to be judicially articulated in judgments imposing death sentences.
Mukesh v. State (NCT of Delhi), (2017) 6 SCC 1: Reaffirmed that 'special reasons' require an exhaustive evaluation of the nature of the crime, brutality, social abhorrence, and impossibility of convict rehabilitation.

Courtroom Practice & Strategic Litigation Guidance:

In appellate review of convictions, scrutinize the trial judgment against Section 393: failure of the trial judge to formulate clear points for determination or omission of reasons on critical defence contentions constitutes reversible error.