Section 404 of The Bharatiya Nagarik Suraksha Sanhita, 2023 in hindi
Copy of judgment to be given to accused and other persons.
- (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.
Summary
- Ensures the accused receives a free copy of the judgment if they are sentenced to imprisonment.
- Allows the accused to request a certified copy or a translation of the judgment in their own language.
- Mandates that a free copy be given immediately for any judgment that the accused can appeal.
- Requires the Court to provide a free copy immediately if a death sentence is passed or confirmed.
- Directs the Court to upload a copy of the judgment to its online portal, ideally within seven days.
- Allows non-parties affected by a judgment to get a copy after paying a fee.
Practical examples
FAQ
1. Is the judgment copy free for the accused under Section 404 of the Bharatiya Nagarik Suraksha Sanhita, 2023?
Yes, Section 404 of the Bharatiya Nagarik Suraksha Sanhita, 2023, states that if the accused is sentenced to imprisonment or if the judgment is appealable, they get a copy free of cost.
2. Does someone on death row need to apply for a judgment copy under Section 404 of the Bharatiya Nagarik Suraksha Sanhita, 2023?
No, under Section 404 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a free copy must be given to a person sentenced to death immediately, whether they apply for it or not.
3. Can I see a judgment online according to Section 404 of the Bharatiya Nagarik Suraksha Sanhita, 2023?
Yes, Section 404 of the Bharatiya Nagarik Suraksha Sanhita, 2023, says the Court shall, as far as practicable, upload the judgment on its portal within seven days.
Test yourself
Q1.Under Section 404 of the Bharatiya Nagarik Suraksha Sanhita, 2023, when must a free copy of the judgment be given to an accused person sentenced to imprisonment?
Q2.According to Section 404 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a free copy of a death sentence judgment is given to the accused:
Q3.Under Section 404 of the Bharatiya Nagarik Suraksha Sanhita, 2023, how long does the Court have to try and upload a judgment copy to its portal?
Q4.If an accused is sentenced to probation under Section 136, does Section 404 of the Bharatiya Nagarik Suraksha Sanhita, 2023, still allow for free copies?