(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.
Bharatiya Nagarik Suraksha Sanhita
Section 404
Copy of judgment to be given to accused and other persons
⚡ Quick Answer Reference: Section 404 BNSS
- Provision: Section 404 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: THE JUDGMENT
- Jurisdiction: India
- Summary: This section requires that a copy of the judgment be given to the accused immediately after sentencing, free of cost, and provides for certified copies or translations to be given upon request.
What does Section 404 of BNSS say?
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What does Section 404 of BNSS mean?
Plain English Explanation
This section requires that a copy of the judgment be given to the accused immediately after sentencing, free of cost, and provides for certified copies or translations to be given upon request.
Practical Interpretation
In practice, this section ensures that the accused has access to the judgment and can understand its implications, facilitating their right to appeal and seek further legal recourse.
Core Legal Purpose
The core purpose of this section is to uphold the principles of fairness and transparency in the criminal justice system by ensuring that the accused and other affected persons have access to the judgment and can exercise their legal rights.
- •The accused must be sentenced to imprisonment to receive a free copy of the judgment.
- •The accused or other affected persons must apply for a certified copy or translation of the judgment.
- •The key legal test is whether the judgment is appealable by the accused.
- •A key exception is when a sentence of death is passed, in which case a certified copy of the judgment must be given to the accused immediately, free of cost.
Practical Example of Section 404 BNSS
Rajesh is sentenced to imprisonment by the Sessions Court. Immediately after the pronouncement of the judgment, the court gives him a free copy of the judgment. Rajesh then applies for a certified copy of the judgment in his native language, which the court provides without delay. Meanwhile, the Prosecuting Officer applies for a certified copy of the judgment to be given to the Government, which the court provides free of cost.
Frequently Asked Questions about Section 404 BNSS
Q: What is the punishment or consequence under Section 404 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to accused persons and other individuals affected by a judgment or order passed by a Criminal Court, as well as to the Government and Prosecuting Officers in certain circumstances.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not relate to criminal offences or their classification as bailable or cognizable.
Common Questions about Section 404 BNSS
What is Section 404 of BNSS?
Section 404 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Copy of judgment to be given to accused and other persons". In plain terms: This section requires that a copy of the judgment be given to the accused immediately after sentencing, free of cost, and provides for certified copies or translations to be given upon request.
What is the punishment under Section 404 of BNSS?
Section 404 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 404 of BNSS bailable or non-bailable?
Whether Section 404 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 404 of BNSS?
The essential elements of Section 404 of BNSS are: The accused must be sentenced to imprisonment to receive a free copy of the judgment.; The accused or other affected persons must apply for a certified copy or translation of the judgment.; The key legal test is whether the judgment is appealable by the accused..
Landmark Judgments under Section 404 BNSS
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Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
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