(1) The judgment in every trial in any Criminal Court of original jurisdiction shall be pronounced in open Court by the presiding officer immediately after the termination of the trial or at some subsequent time not later than forty-five days of which notice shall be given to the parties or their advocates,— (a) by delivering the whole of the judgment; or (b) by reading out the whole of the judgment; or (c) by reading out the operative part of the judgment and explaining the substance of the judgment in a language which is understood by the accused or his advocate. (2) Where the judgment is delivered under clause (a) of sub-section (1), the presiding officer shall cause it to be taken down in short-hand, sign the transcript and every page thereof as soon as it is made ready, and write on it the date of the delivery of the judgment in open Court. (3) Where the judgment or the operative part thereof is read out under clause (b) or clause (c) of sub-section (1), as the case may be, it shall be dated and signed by the presiding officer in open Court, and if it is not written with his own hand, every page of the judgment shall be signed by him. (4) Where the judgment is pronounced in the manner specified in clause (c) of sub-section (1), the whole judgment or a copy thereof shall be immediately made available for the perusal of the parties or their advocates free of cost: Provided that the Court shall, as far as practicable, upload the copy of the judgment on its portal within a period of seven days from the date of judgment. (5) If the accused is in custody, he shall be brought up to hear the judgment pronounced either in person or through audio-video electronic means. (6) If the accused is not in custody, he shall be required by the Court to attend to hear the judgment pronounced, except where his personal attendance during the trial has been dispensed with and the sentence is one of fine only or he is acquitted: Provided that where there are more accused persons than one, and one or more of them do not attend the Court on the date on which the judgment is to be pronounced, the presiding officer may, in order to avoid undue delay in the disposal of the case, pronounce the judgment notwithstanding their absence. (7) No judgment delivered by any Criminal Court shall be deemed to be invalid by reason only of the absence of any party or his advocate on the day or from the place notified for the delivery thereof, or of any omission to serve, or defect in serving, on the parties or their advocates, or any of them, the notice of such day and place. (8) Nothing in this section shall be construed to limit in any way the extent of the provisions of section 511.
Bharatiya Nagarik Suraksha Sanhita
Section 392
Judgment
⚡ Quick Answer Reference: Section 392 BNSS
- Provision: Section 392 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: THE JUDGMENT
- Jurisdiction: India
- Summary: This section of the Bharatiya Nagarik Suraksha Sanhita (BNSS) law requires that judgments in criminal cases be delivered in open court within 45 days of the trial's end. The presiding officer must give notice to the parties or their advocates before delivering the judgment. The judgment can be delivered in different ways, including reading it out in full or explaining the key parts in a language the accused understands.
What does Section 392 of BNSS say?
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What does Section 392 of BNSS mean?
Plain English Explanation
This section of the Bharatiya Nagarik Suraksha Sanhita (BNSS) law requires that judgments in criminal cases be delivered in open court within 45 days of the trial's end. The presiding officer must give notice to the parties or their advocates before delivering the judgment. The judgment can be delivered in different ways, including reading it out in full or explaining the key parts in a language the accused understands.
Practical Interpretation
In practice, this section means that the presiding officer must ensure that the judgment is delivered in a way that is accessible to the accused and their advocates. This includes providing a copy of the judgment or explaining the key parts in a language the accused understands. The presiding officer must also give notice to the parties or their advocates before delivering the judgment.
Core Legal Purpose
The core purpose of this section is to ensure that judgments in criminal cases are delivered in a way that is fair and accessible to all parties involved. This includes providing notice to the parties or their advocates and delivering the judgment in a way that is understandable to the accused.
- •The judgment must be delivered in open court.
- •The presiding officer must give notice to the parties or their advocates before delivering the judgment.
- •The judgment can be delivered in different ways, including reading it out in full or explaining the key parts in a language the accused understands.
- •The presiding officer must ensure that the judgment is delivered in a way that is accessible to the accused and their advocates.
Practical Example of Section 392 BNSS
Rajesh is on trial for a crime he allegedly committed. The presiding officer delivers the judgment in open court, reading out the key parts in a language Rajesh understands. The presiding officer also provides a copy of the judgment to Rajesh's advocate. This is an example of how Section 392 of the BNSS applies in everyday situations.
Frequently Asked Questions about Section 392 BNSS
Q: What is the punishment or consequence under Section 392 of BNSS?
There is no punishment or consequence under Section 392 of the BNSS. This section is a procedural provision that sets out the requirements for delivering judgments in criminal cases.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities. It is a procedural provision that sets out the requirements for delivering judgments in criminal cases, regardless of the parties involved.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not create any offence. Therefore, it is neither bailable nor cognizable.
Common Questions about Section 392 BNSS
What is Section 392 of BNSS?
Section 392 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Judgment". In plain terms: This section of the Bharatiya Nagarik Suraksha Sanhita (BNSS) law requires that judgments in criminal cases be delivered in open court within 45 days of the trial's end. The presiding officer must give notice to the parties or their advocates before delivering the judgment. The judgment can be delivered in different ways, including reading it out in full or explaining the key parts in a language the accused understands.
What is the punishment under Section 392 of BNSS?
Section 392 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 392 of BNSS bailable or non-bailable?
Whether Section 392 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 392 of BNSS?
The essential elements of Section 392 of BNSS are: The judgment must be delivered in open court.; The presiding officer must give notice to the parties or their advocates before delivering the judgment.; The judgment can be delivered in different ways, including reading it out in full or explaining the key parts in a language the accused understands..
Landmark Judgments under Section 392 BNSS
Patnahcucisdb94 High Court (10 8)
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