Section 404 BNSS: Copy of judgment to be given to accused and other persons (Formerly Section 363 CrPC)

Section 404 of Bharatiya Nagarik Suraksha Sanhita, 2023: Copy of judgment to be given to accused and other persons

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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.

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 404

Section 404 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 363 of the CrPC, 1973) regulates the furnishing of certified copies of judgments to the accused, victims, and other persons, guaranteeing a free copy immediately upon sentence of imprisonment.

Free Copy to Accused upon Imprisonment: When the accused is sentenced to imprisonment, a copy of the judgment shall be given to them immediately after pronouncement free of cost.
Certified Translation in Vernacular: Where the judgment is in a language not understood by the accused, a certified translation in the Court's or accused's language must be provided.
Victim's Right to Copy: Victims are statutorily entitled to receive a copy of the judgment free of cost to facilitate victim compensation claims or appeals.

Key Landmark Precedents:

Madhu Limaye v. State of Maharashtra, (1977) 4 SCC 551: The Supreme Court stressed that furnishing an authenticated copy of the judgment is essential to enable the convict to exercise their constitutional right of appeal under Article 21.
State of Maharashtra v. Dr. Praful B. Desai, (2003) 4 SCC 601: Affirmed that modern electronic certified delivery satisfies statutory copy delivery mandates.

Courtroom Practice & Strategic Litigation Guidance:

Ensure that the trial court's order sheet reflects the exact date on which the certified copy was delivered to the convict, as limitation for filing an appeal commences only from receipt of the copy.