#Chapter 29: Bharatiya Nagarik Suraksha Sanhita, 2023

CHAPTER XXIX: THE JUDGMENT

This chapter outlines the rules for the final, formal decision of the court (the “Judgment”).

Section 392: Judgment

This section explains how a judgment must be delivered.

Sub-section (1):
- Simple English: The final judgment in every trial must be pronounced in “open court” (publicly). This must happen immediately after the trial ends or, if not, at a later date of which the parties are given notice. This later date cannot be more than 45 days after the trial ended.
- The 3 Ways to Pronounce:
  1. (a) By delivering the whole of the judgment: The judge hands over the final signed judgment, which is then taken down in shorthand by a court officer.
  2. (b) By reading out the whole of the judgment: The judge reads the entire, full-text of the judgment (which could be many pages) aloud in court.
  3. (c) By reading out the operative part: The judge reads only the final, most important part (e.g., “The accused is found guilty and sentenced to 10 years…”). The judge must then “explain the substance” of the judgment (the main reasons) in a language the accused or their lawyer understands.
Sub-section (2):
- Simple English: If the judge uses method (a), they must sign the shorthand transcript.
Sub-section (3):
- Simple English: If the judge uses method (b) or (c) (reading it out), the judge must date and sign the original judgment in open court.
Sub-section (4):
- Simple English: If the judge only reads the “operative part” (method (c)), a full copy of the judgment must be made “immediately available” for the parties to read, free of cost.
- Proviso (New): The court shall, as far as practicable, upload a copy of the judgment to its official portal (website) within 7 days.
Sub-section (5):
- Simple English: If the accused is in custody (in jail), they must be brought to the court (either physically or via audio-video) to hear the judgment.
Sub-section (6):
- Simple English: If the accused is not in custody (e.g., on bail), they must attend court to hear the judgment.
- The Exception: Their attendance is not required if:
  1. Their personal attendance had already been “dispensed with” (waived) during the trial, AND
  2. The sentence is only a fine or they are being acquitted.
- Proviso: If there are multiple accused and one or more of them don’t show up for the judgment, the judge can pronounce the judgment anyway to avoid delaying the case for everyone else.
Sub-section (7):
- Simple English: A judgment is not invalid just because a party or their lawyer was absent, or because they weren’t properly served with the notice of the judgment date.
Sub-section (8):
- Simple English: This section doesn’t limit the court’s power to correct minor errors (as per Section 511).

Section 393: Language and contents of judgment

This section details what a judgment must contain.

Sub-section (1):
- Simple English: Every judgment must:
  - (a) Be in the language of the court.
  - (b) Contain the “point or points for determination” (the questions the court had to decide), the “decision” (the answer to those questions), and the “reasons for the decision” (the why).
  - (c) If it’s a “Guilty” verdict: It must specify the exact offence (including the BNS section number) and the punishment.
  - (d) If it’s a “Not Guilty” verdict: It must state the offence the accused is acquitted of and must direct that they “be set at liberty” (released).
- Real-World Example: A judgment cannot just say, “The accused is guilty.” It must be structured: “1. The point for determination is: Did the accused commit theft on [Date]? 2. The decision is: Yes. 3. The reasons for this decision are: The testimony of eyewitness ‘A’ was credible, and the stolen property was recovered from the accused’s bag. 4. Therefore, the accused is convicted under BNS Sec 303…”
Sub-section (2):
- Simple English: If the judge is convinced the accused committed a crime but is “doubtful” about which of two sections applies (e.g., is this “theft” or “criminal breach of trust”?), the judgment must “distinctly express” this and pass judgment “in the alternative.”
Sub-section (3):
- Simple English: This is a crucial rule for serious sentencing.
  - Death Sentence: The judgment must state the “special reasons” (the specific aggravating circumstances) for awarding death.
  - Life Imprisonment: The judgment must state the “reasons” for awarding the sentence.
- Real-World Example: A judge cannot just give a death sentence. They must write a separate section explaining the “special reasons,” such as “This crime was ‘rarest of the rare’ because of its exceptional brutality…”
Sub-section (4):
- Simple English: This is for unusually light sentences. If an offence is punishable with 1 year or more in jail, but the court gives a sentence of less than 3 months, the judge must write down their reasons for being so lenient (unless it was a “summary trial” or the sentence was just “imprisonment till the rising of the court”).
- Real-World Example: For an offence punishable with 7 years, the judge gives a 2-month sentence. The judge must add a paragraph: “I am awarding a lenient sentence because the accused is 80 years old and has returned the entire amount to the victim.”
Sub-section (5):
- Simple English: A death sentence must direct that the person “be hanged by the neck till he is dead.”
Sub-section (6):
- Simple English: The main rule (points, decision, reasons) also applies to final orders in preventive/nuisance cases (like those in Chapters X, XI).

Section 394: Order for notifying address of previously convicted offender

Sub-section (1):
- Simple English: This is a special order for monitoring repeat offenders after they are released from jail.
- The Condition: If a person who has already been convicted of a serious offence (3+ years jail time) is again convicted of another serious offence (3+ years), the court can, at the time of sentencing, add a special order.
- The Order: The order states that after the person is released from their new sentence, they must notify the police of their residence (and any change of residence) for a period of up to 5 years.
- Real-World Example: A man with a 2018 conviction for robbery is convicted again in 2024 for house-breaking and sentenced to 4 years. The judge also passes an order under this section. When the man is released in 2028, he must report his address to the local police, and if he moves to a new house in 2030, he must notify them. This lasts until 2033 (5 years post-release).
Sub-sections (2), (3), (4):
- Simple English: This rule also applies to conspiracies and abetments of such offences. The order becomes void if the conviction is set aside on appeal. An appeal court can also make this order.
Sub-sections (5), (6):
- Simple English: The State Government will make the specific rules for how this notification works. Breaching this notification rule is a punishable offence.

Section 395: Order to pay compensation

This section explains how a court can use fines or direct payments to compensate victims.

Sub-section (1):
- Simple English: When a court imposes a fine as part of a sentence, it can order that the collected fine money be used for any of the following:
  - (a) Defraying prosecution expenses: Paying back the government for the costs of the trial.
  - (b) Compensating a victim: For any loss or injury (physical or financial) caused by the crime.
  - (c) Compensating family in a death case: Paying compensation to the legal heirs of a person who was killed.
  - (d) Compensating an innocent purchaser: This is for stolen property. If ‘A’ steals from ‘B’ and sells to ‘C’ (who bought it in good faith), and the court orders the property returned to ‘B’, the court can order ‘A’ to pay compensation to ‘C’ out of the fine money.
- Real-World Example: A judge sentences an accused to a “₹1,00,000 fine.” The judge then orders: “From this fine, ₹50,000 shall be paid to the victim ‘B’ as compensation for his medical bills.”
Sub-section (2):
- Simple English: The compensation money cannot be paid to the victim until the time for filing an appeal has expired, or (if an appeal is filed) until the appeal is decided.
Sub-section (3):
- Simple English: This is a separate power. A court can order the accused to pay compensation to a victim even if a fine is not part of the sentence. This is a direct order to pay.
- Real-World Example: A judge sentences an accused to 5 years in jail (with no fine) and also orders the accused to pay ₹2,00,000 as direct compensation to the victim.
Sub-section (4):
- Simple English: An appeal court or a court in revision can also make these compensation orders.
Sub-section (5):
- Simple English: If the victim later files a civil lawsuit for damages, any money they already received as criminal compensation (under this section) will be deducted from the civil suit award.

Section 396: Victim compensation scheme

This section creates a state-funded compensation system that is separate from any fine or penalty paid by the accused.

Sub-section (1):
- Simple English: Every State Government, in coordination with the Central Government, must create a Victim Compensation Scheme to provide funds to victims who have suffered loss/injury and need rehabilitation.
Sub-section (2):
- Simple English: When a court recommends compensation under this scheme, the District or State Legal Services Authority (DLSA/SLSA) is the agency that decides the final amount to be paid from the scheme’s fund.
Sub-section (3):
- Simple English: A trial court can make this recommendation in two key situations:
  1. The compensation from the accused (under Sec 395) is not adequate for the victim’s rehabilitation.
  2. The case ends in acquittal or discharge (the accused is found not guilty or the case is dismissed), but the victim is still injured and needs help.
- Real-World Example (Acquittal): An accused is acquitted of an assault charge due to “lack of proof.” The victim, however, clearly suffered a broken arm. The judge, in the acquittal order, recommends that the DLSA pay compensation to the victim from the state fund to cover their medical needs.
Sub-section (4):
- Simple English: This is for “hit-and-run” or “untraced offender” cases. If the offender is not found but the victim is identified, the victim (or their family) can directly apply to the Legal Services Authority for compensation.
- Real-World Example: A person is hit by a speeding car that flees the scene. The police can’t find the driver. The victim can still apply to the DLSA and get compensation from the state fund.
Sub-section (5):
- Simple English: The Legal Services Authority must complete its inquiry and award this compensation within two months.
Sub-section (6):
- Simple English: The Authority can also order immediate help (like free first-aid or medical benefits) before the final award is decided, just based on a certificate from the police or a Magistrate.
Sub-section (7):
- Simple English: This state-funded compensation is in addition to (not a replacement for) any special fines imposed on the accused (like the mandatory fines in acid attack cases).

Section 397: Treatment of victims

Simple English: This is a new, mandatory rule for all hospitals.
The Rule: All hospitals (public or private) must provide immediate, free of cost first-aid or medical treatment to victims of sexual offences (BNS 64-68, 70, 71), acid attacks (BNS 124(1)), and child sexual assault (POCSO Act).
Second Duty: The hospital must also immediately inform the police of the incident.
Real-World Example: A victim of a sexual assault is taken to a private, 5-star hospital. The hospital is legally forbidden from asking for a deposit, an advance, or an FIR copy. They must provide all necessary medical treatment for free and then call the police.

Section 398: Witness protection scheme

Simple English: This is a new, mandatory provision. Every State Government must “prepare and notify” (create and publish) an official Witness Protection Scheme to ensure the safety of witnesses.
Real-World Example: A person is the only eyewitness to a murder committed by a powerful gangster. They are afraid to testify. Under this scheme, the state police can provide them with a 24/7 police guard, move them to a secret safe house, or give them a “threat-assessment” until the trial is over.

Section 399: Compensation to persons groundlessly arrested

This section is not about false cases, but about false arrests caused by a member of the public.

Sub-section (1):
- Simple English: If any person causes a police officer to arrest another person (e.g., by lying to the officer), and the Magistrate hearing the case finds there was “no sufficient ground” for causing that arrest, the Magistrate can order the person who made the complaint to pay compensation (up to ₹1,000) to the person who was wrongly arrested.
- Real-World Example: ‘A’ has a property dispute with ‘B’. ‘A’ calls the police and lies, ” ‘B’ is threatening me with a knife right now!” The police, acting in good faith, rush and arrest ‘B’. The Magistrate finds ‘B’ had no knife and ‘A’ lied to get ‘B’ arrested. The Magistrate orders ‘A’ to pay ₹1,000 to ‘B’ for this “groundless arrest.”
Sub-section (2):
- Simple English: If multiple people were arrested this way, the Magistrate can award compensation (up to ₹1,000) to each of them.
Sub-section (3):
- Simple English: The compensation is recovered like a fine. If the person refuses to pay, they can be sentenced to simple imprisonment for up to 30 days.

Section 400: Order to pay costs in non-cognizable cases

This section is about recovering legal costs in private complaints for minor offences.

Sub-section (1):
- Simple English: In a private complaint for a “non-cognizable” (minor) offence, if the court convicts the accused, the court may (in addition to the fine/sentence) order the accused to pay the complainant’s legal costs.
- What this includes: Process fees (court fees), witness expenses, and “advocate’s fees” (what the complainant paid their lawyer).
- Penalty: If the convicted accused refuses to pay these costs, they can be sentenced to simple imprisonment for up to 30 days.
- Real-World Example: You file a private complaint for “defamation” and hire a lawyer for ₹15,000. You win the case. The Magistrate sentences the accused to a fine. The Magistrate also orders the accused to pay you ₹15,000 to cover your lawyer’s fees.
Sub-section (2):
- Simple English: An appeal court can also make this same order.

Section 401: Order to release on probation of good conduct or after admonition

This is a very important section that provides an alternative to sending a person to jail. It allows a court to give a convicted person a second chance, based on their good character, age, and the nature of the crime.

Sub-section (1):
- Simple English: This section gives the court the power of “probation.”
- Who is eligible?
  1. Any person over 21 convicted of an offence punishable with 7 years or less in jail (or just a fine).
  2. Any person under 21 or any woman convicted of an offence not punishable with death or life imprisonment.
- The Condition: The court must not have proof of any “previous conviction” against the offender.
- The Test: The court must consider the offender’s age, character, and antecedents (their background) and the circumstances of the crime. If the court thinks it’s “expedient” (appropriate), it can instead of sentencing them to jail, release them.
- The Action: The offender is released after signing a bond (with or without sureties) to:
  1. Appear for sentencing when “called upon” during a set period (up to 3 years).
  2. Keep the peace and be of good behavior during that time.
- Real-World Example: A 19-year-old college student is convicted of a non-violent cheating offence (his first crime). The judge, considering his young age and clean record, decides not to send him to jail. The judge uses this section to release him on a 2-year probation bond, ordering him to “keep the peace and be of good behavior.” If the student is arrested for any other crime in those 2 years, he will be brought back to court and sentenced for both the original cheating offence and the new crime.
Sub-section (1), Proviso:
- Simple English: If a junior judge (Magistrate of the Second Class) wants to use this probation power, they must record their opinion and send the case file to a Magistrate of the First Class, who will then pass the final probation order.
Sub-section (2):
- Simple English: The senior Magistrate who receives the file can then pass the final order, or even take more evidence if needed.
Sub-section (3):
- Simple English: This is for even more minor offences. If a person is convicted of a very minor crime (like petty theft, misappropriation, or cheating, punishable with not more than 2 years), and has no prior convictions, the court can, instead of even probation, just “release him after due admonition.”
- “Admonition” is a formal, judicial warning or scolding.
- Real-World Example: A person is convicted of stealing a ₹100 item. The Magistrate sees it’s their first offence. The Magistrate says, “I am not sentencing you, but I am admonishing you. This is your one and only warning. Do not ever appear in this court again. You are released.” The case is over.
Sub-section (4):
- Simple English: An appeal court (like the Sessions Court or High Court) can also use these powers of probation or admonition.
Sub-section (5):
- Simple English: A higher court (on appeal) can set aside a probation order and, instead, pass a regular jail sentence.
- Proviso: The higher court cannot inflict a greater punishment than the original trial court could have given.
Sub-section (6):
- Simple English: The standard rules for bail bonds and sureties (like what to do if a surety is unfit) also apply to the bonds signed under this section.
Sub-section (7):
- Simple English: Before granting probation, the court must be satisfied that the offender (or their surety) has a fixed address or a regular job in the area. This ensures they can be monitored.
Sub-section (8):
- Simple English: If the court (or any court that could have tried the original case) is satisfied that the offender has failed to observe the conditions of their bond (e.g., they were arrested for a new crime), the court can issue a warrant for their arrest.
Sub-section (9):
- Simple English: When the offender is brought back, the court can either remand them to custody or grant them new bail. After hearing the case, the court can then pass the original sentence (the one they avoided the first time).
- Real-World Example: The student released on probation (from the first example) gets into a fight 6 months later. He is arrested and brought back to the first judge. The judge, seeing he broke the “keep the peace” condition, now sentences him to 1 year in jail for the original cheating offence.
Sub-section (10):
- Simple English: This section does not affect other special laws, like the Probation of Offenders Act, 1958 (which is a more detailed law on the same subject) or the Juvenile Justice Act (which has its own system for children).

Section 402: Special reasons to be recorded in certain cases

Simple English: This is the opposite of Section 401. If a case comes before a court where the accused is eligible for probation (under Sec 401 or the Probation of Offenders Act) or for the Juvenile Justice Act…
The Rule: …but the court decides not to use those special, lenient provisions (and sends them to jail instead), the judge “shall record in its judgment the special reasons for not having done so.”
Real-World Example: A judge convicts a 19-year-old first-time offender (who is eligible for probation). The judge decides to send him to jail. The judge must add a paragraph to the judgment explaining why: “Although the accused is eligible for probation, I am not granting it because the offence was exceptionally violent and a strong message must be sent. Therefore, a sentence of imprisonment is necessary.”

Section 403: Court not to alter judgment

Simple English: This is the “finality” rule. Once a court has signed its final judgment or order, it cannot alter or review it.
The Only Exception: The court can only correct a “clerical or arithmetical error” (like a typo).
Real-World Example (Alteration – Not Allowed): A judge convicts a man and sentences him to 5 years. The next day, the judge cannot re-open the file and change the sentence to 7 years. The judgment is final (it can only be changed by an appeal court).
Real-World Example (Correction – Allowed): The judgment states the accused must pay a fine of “Rs. 1,00,00” (a typo). The judge can later issue a correction (a “corrigendum”) to fix the arithmetical error to “Rs. 1,00,000”.

Section 404: Copy of judgment to be given to accused and other persons

Sub-section (1):
- Simple English: When an accused is sentenced to imprisonment, a copy of the judgment must be given to them “immediately” after it is pronounced, free of cost.
- Real-World Example: The judge sentences a person to 3 years in jail. The court clerk must immediately print a copy of the judgment and hand it to the person before they are taken to prison.
Sub-section (2):
- Simple English: The accused can also apply to get a “certified copy” (an official, stamped copy) of the judgment. If the judgment is appealable, this certified copy must be given for free.
- Proviso: If a sentence of death is passed, a certified copy must be given to the accused immediately and for free, even if they don’t apply for it.
Sub-section (3):
- Simple English: This rule also applies to orders to give security for good behavior (under Section 136).
Sub-section (4):
- Simple English: If an accused is sentenced to death, the court must inform them of the time period within which they have the right to file an appeal.
Sub-section (5):
- Simple English: Any person who is “affected by” a judgment (like the victim or their family) can apply for a copy of the judgment, deposition, or any other part of the record. They will be given the copy after paying the prescribed court fees.
- Proviso: The court can, for a special reason, give it to them for free.
- Second Proviso: The prosecuting officer (for the government) can always get a certified copy for free.
Sub-section (6):
- Simple English: The High Court can make rules for giving copies to people who are not affected (like journalists, researchers, or the general public), on payment of fees.

Section 405: Judgment when to be translated

Simple English: The original judgment is filed with the case record. If the original judgment is in a different language from the official “language of the Court,” a translation must be added to the record if either party (prosecution or defense) requires it.
Real-World Example: In a court in Bengal (where the court language is Bengali), a judge (who is from another state) writes their entire judgment in English. The accused, who only speaks Bengali, has the right to demand that an official Bengali translation be added to the court record.

Section 406: Court of Session to send copy of finding and sentence to District Magistrate

Simple English: This is an administrative step. After a Court of Session (or a CJM) finishes a trial, it must forward a copy of its “finding” (guilty/not guilty) and “sentence” to the District Magistrate (DM).
Why? The DM is the administrative head of the district (and in charge of the jails and the police executive). They need to maintain a record of all serious convictions in their district.