Section 405 BNSS: Judgment when to be translated (Formerly Section 364 CrPC)

Section 405 of Bharatiya Nagarik Suraksha Sanhita, 2023: Judgment when to be translated

Official Bare Act Text

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

The original judgment shall be filed with the record of the proceedings and where the original is recorded in a language different from that of the Court, and if either party so requires, a translation thereof into the language of the Court shall be added to such record.

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 405

Section 405 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 364 of the CrPC, 1973) mandates that the original judgment shall be translated into the language of the Court where the court language differs from the language in which it was delivered.

Translation into Court Language: The original judgment shall be put up with the record of proceedings; where the original is in a different language, a translation into the Court language shall be added.
Official Record Integration: Ensures continuity and intelligibility of judicial records for subsequent judicial officers and administrative registries.
Curable Irregularity: Delay in translating does not invalidate the judgment unless actual failure of justice is demonstrated.

Key Landmark Precedents:

Union of India v. C. Dinakar, (2004) 4 SCC 447: Held that official translation mandates are administrative and procedural safeguards designed to maintain institutional integrity of court records.
Sunita Devi v. State of Bihar, (2005) 1 SCC 608: Reaffirmed that translation requirements must never delay the immediate release of an acquitted person.

Courtroom Practice & Strategic Litigation Guidance:

When preparing appeal paper books in superior courts where local trial judgments were rendered in vernacular languages, verify that official High Court certified English translations are annexed under Section 405.