Section 406 BNSS: Court of Session to send copy of finding and sentence to District Magistrate (Formerly Section 365 CrPC)

Section 406 of Bharatiya Nagarik Suraksha Sanhita, 2023: Court of Session to send copy of finding and sentence to District Magistrate

Official Bare Act Text

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

In cases tried by the Court of Session or a Chief Judicial Magistrate, the Court or such Magistrate, as the case may be, shall forward a copy of its or his finding and sentence (if any) to the District Magistrate within whose local jurisdiction the trial was held.

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 406

Section 406 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 365 of the CrPC, 1973) requires the Court of Session to forward a copy of its finding and sentence to the District Magistrate within whose local jurisdiction the trial was held.

Mandatory Transmission to DM: In cases tried by the Court of Session, the Court shall forward a copy of its finding and sentence (if any) to the District Magistrate.
Executive and Administrative Tracking: Enables the District Magistrate to monitor serious crime outcomes, maintain law and order statistics, and initiate preventive or appeal actions.
Prosecutorial Review: Assists the District Administration in evaluating whether an appeal against acquittal or sentence enhancement under Section 418/419 is warranted.

Key Landmark Precedents:

Sunil Batra v. Delhi Administration, (1980) 3 SCC 488: The Supreme Court noted that statutory transmission to district authorities ensures administrative accountability over custodial executions.
State of U.P. v. Poosu, (1976) 3 SCC 1: Discussed the role of executive authorities in receiving Sessions judgments to determine state appeals.

Courtroom Practice & Strategic Litigation Guidance:

Prosecutors should track the delivery of Sessions Court findings to the DM to ensure the statutory 90-day limitation period for filing State appeals against acquittal under Section 419 is monitored.