(1) Except as otherwise expressly provided by this Sanhita, every judgment referred to in section 392,— (a) shall be written in the language of the Court; (b) shall contain the point or points for determination, the decision thereon and the reasons for the decision; (c) shall specify the offence (if any) of which, and the section of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) or other law under which, the accused is convicted, and the punishment to which he is sentenced; (d) if it be a judgment of acquittal, shall state the offence of which the accused is acquitted and direct that he be set at liberty. (2) When the conviction is under the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) and it is doubtful under which of two sections, or under which of two parts of the same section, of that Sanhita the offence falls, the Court shall distinctly express the same, and pass judgment in the alternative. (3) When the conviction is for an offence punishable with death or, in the alternative, with imprisonment for life or imprisonment for a term of years, the judgment shall state the reasons for the sentence awarded, and, in the case of sentence of death, the special reasons for such sentence. (4) When the conviction is for an offence punishable with imprisonment for a term of one year or more, but the Court imposes a sentence of imprisonment for a term of less than three months, it shall record its reasons for awarding such sentence, unless the sentence is one of imprisonment till the rising of the Court or unless the case was tried summarily under the provisions of this Sanhita. (5) When any person is sentenced to death, the sentence shall direct that he be hanged by the neck till he is dead. (6) Every order under section 136 or sub-section (2) of section 157 and every final order made under section 144, section 164 or section 166 shall contain the point or points for determination, the decision thereon and the reasons for the decision.
Bharatiya Nagarik Suraksha Sanhita
Section 393
Language and contents of judgment
⚡ Quick Answer Reference: Section 393 BNSS
- Provision: Section 393 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: THE JUDGMENT
- Jurisdiction: India
- Summary: This section explains how judgments should be written in Indian courts. It says that judgments must be in the language of the court, include the main points of the case, the decision, and the reasons for the decision. It also explains how to write judgments for certain types of cases, such as those involving death sentences or acquittals.
What does Section 393 of BNSS say?
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What does Section 393 of BNSS mean?
Plain English Explanation
This section explains how judgments should be written in Indian courts. It says that judgments must be in the language of the court, include the main points of the case, the decision, and the reasons for the decision. It also explains how to write judgments for certain types of cases, such as those involving death sentences or acquittals.
Practical Interpretation
In practical terms, this section means that judges must clearly explain their decisions and provide reasons for them. This helps to ensure that the legal process is transparent and fair. Judges must also follow specific rules when writing judgments for certain types of cases, such as those involving death sentences.
Core Legal Purpose
The core purpose of this section is to ensure that judgments are clear, transparent, and fair. It aims to promote the rule of law and protect the rights of individuals by requiring judges to provide clear explanations for their decisions.
- •Judgments must be written in the language of the court.
- •Judgments must include the main points of the case, the decision, and the reasons for the decision.
- •Judgments for certain types of cases, such as those involving death sentences, must include specific information.
- •Judgments for acquittals must state the offence of which the accused is acquitted and direct that they be set at liberty.
Practical Example of Section 393 BNSS
Rajesh is accused of a crime under the Bharatiya Nyaya Sanhita, 2023. The judge writes a judgment that includes the main points of the case, the decision, and the reasons for the decision. The judgment also specifies the offence of which Rajesh is convicted and the punishment to which he is sentenced. In this case, the judge decides to sentence Rajesh to imprisonment for a term of one year. The judgment clearly explains the reasons for this decision and provides the necessary information required by this section.
Frequently Asked Questions about Section 393 BNSS
Q: What is the punishment or consequence under Section 393 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. It outlines the requirements for writing judgments in Indian courts.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities, as it is a general provision that applies to all judgments in Indian courts.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not classify offences as bailable or cognizable. It is a provision that outlines the requirements for writing judgments in Indian courts.
Common Questions about Section 393 BNSS
What is Section 393 of BNSS?
Section 393 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Language and contents of judgment". In plain terms: This section explains how judgments should be written in Indian courts. It says that judgments must be in the language of the court, include the main points of the case, the decision, and the reasons for the decision. It also explains how to write judgments for certain types of cases, such as those involving death sentences or acquittals.
What is the punishment under Section 393 of BNSS?
Section 393 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 393 of BNSS bailable or non-bailable?
Whether Section 393 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 393 of BNSS?
The essential elements of Section 393 of BNSS are: Judgments must be written in the language of the court.; Judgments must include the main points of the case, the decision, and the reasons for the decision.; Judgments for certain types of cases, such as those involving death sentences, must include specific information..
Landmark Judgments under Section 393 BNSS
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 393
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