CrPC 353→BNSS 392

CrPC 353 to BNSS 392: Judgment

Section 353 CrPC (1973) replaced by Section 392 BNSS (2023)

View CrPC Section 353 →View BNSS Section 392 →

CrPC 353 to BNSS 392 at a Glance

Section 353 CrPC (Judgment) is now Section 392 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 353 to BNSS 392?

From 1 July 2024, Section 392 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 353 of the Code of Criminal Procedure, 1973. The heading is the same. Section 392(1) BNSS adds the words not later than forty-five days after at some subsequent time. Section 392(1) BNSS, Section 392(1)(c) BNSS, Section 392(4) BNSS and Section 392(7) BNSS read advocate or advocates where Section 353(1) CrPC, Section 353(1)(c) CrPC, Section 353(4) CrPC and Section 353(7) CrPC read pleader or pleaders. Section 392(4) BNSS adds a proviso on uploading the copy of the judgment on the portal of the Court within a period of seven days from the date of judgment, as far as practicable. Section 392(5) BNSS adds either in person or through audio-video electronic means. Section 392(8) BNSS refers to Section 511 BNSS where Section 353(8) CrPC referred to Section 465 CrPC. Section 392(6) BNSS reads more accused persons than one where Section 353(6) CrPC read more accused than one. Section 392(2) BNSS and Section 392(3) BNSS have the same text as Section 353(2) CrPC and Section 353(3) CrPC.

CrPC 353 vs BNSS 392: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section353392
HeadingJudgmentSame
Sub-sections8 sub-sectionsSame
Cross-referencess.465s.511

CrPC 353 and BNSS 392: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 353, CrPC 1973

353. Judgment.—(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 of which notice shall be given to the parties or their pleaders,— (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 pleader. (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 pleaders free of cost. (5) If the accused is in custody, he shall be brought up to hear the judgment pronounced. (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 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 pleader 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 pleaders, 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 465.
BNSS 2023 (in force)

Section 392, BNSS 2023

392. Judgment.—(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.

When It Applies: CrPC 353 vs BNSS 392

Under CrPC 353
  1. Under Section 353(1) CrPC, the presiding officer pronounces the judgment in every trial in any Criminal Court of original jurisdiction in open Court.
  2. Section 353(1) CrPC provides for pronouncing the judgment by delivering the whole of the judgment, by reading out the whole of the judgment, or 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 pleader.
  3. Where the judgment is delivered under Section 353(1)(a) CrPC, Section 353(2) CrPC requires the presiding officer to 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.
  4. Where the judgment or the operative part of it is read out under Section 353(1)(b) CrPC or Section 353(1)(c) CrPC, Section 353(3) CrPC requires it to be dated and signed by the presiding officer in open Court.
  5. Where the judgment is pronounced under Section 353(1)(c) CrPC, Section 353(4) CrPC requires the whole judgment or a copy thereof to be made available for the perusal of the parties or their pleaders free of cost.
  6. Under Section 353(5) CrPC, if the accused is in custody, the accused shall be brought up to hear the judgment pronounced.
  7. Under Section 353(6) CrPC, if the accused is not in custody, the Court requires the accused to attend to hear the judgment pronounced, except where the personal attendance of the accused during the trial has been dispensed with and the sentence is one of fine only or the accused is acquitted.
  8. Under Section 353(7) CrPC, no judgment delivered by any Criminal Court is deemed to be invalid by reason only of the absence of any party or pleader on the day or from the place notified for the delivery thereof.
Under BNSS 392
  1. Under Section 392(1) BNSS, the presiding officer pronounces the judgment in every trial in any Criminal Court of original jurisdiction in open Court.
  2. Section 392(1) BNSS provides for pronouncing the judgment by delivering the whole of the judgment, by reading out the whole of the judgment, or 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.
  3. Where the judgment is delivered under Section 392(1)(a) BNSS, Section 392(2) BNSS requires the presiding officer to 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.
  4. Where the judgment or the operative part of it is read out under Section 392(1)(b) BNSS or Section 392(1)(c) BNSS, Section 392(3) BNSS requires it to be dated and signed by the presiding officer in open Court.
  5. Where the judgment is pronounced under Section 392(1)(c) BNSS, Section 392(4) BNSS requires the whole judgment or a copy thereof to be made available for the perusal of the parties or their advocates free of cost.
  6. Under Section 392(5) BNSS, if the accused is in custody, the accused shall be brought up to hear the judgment pronounced either in person or through audio-video electronic means.
  7. Under Section 392(6) BNSS, if the accused is not in custody, the Court requires the accused to attend to hear the judgment pronounced, except where the personal attendance of the accused during the trial has been dispensed with and the sentence is one of fine only or the accused is acquitted.
  8. Under Section 392(7) BNSS, no judgment delivered by any Criminal Court is deemed to be invalid by reason only of the absence of any party or advocate on the day or from the place notified for the delivery thereof.

Time Limits: CrPC 353 to BNSS 392

Under CrPC 353
  • Under Section 353(1) CrPC, the judgment is pronounced immediately after the termination of the trial or at some subsequent time of which notice shall be given to the parties or their pleaders.Act text: “immediately after the termination of the trial or at some subsequent time of which notice shall be given to the parties or their pleaders”
  • Under Section 353(4) CrPC, the whole judgment or a copy thereof shall be immediately made available for the perusal of the parties or their pleaders free of cost.Act text: “shall be immediately made available for the perusal of the parties or their pleaders free of cost”
Under BNSS 392
  • Under Section 392(1) BNSS, the judgment is pronounced 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.Act text: “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”
  • Under Section 392(4) BNSS, the whole judgment or a copy thereof shall be immediately made available for the perusal of the parties or their advocates free of cost.Act text: “shall be immediately made available for the perusal of the parties or their advocates free of cost”
  • The proviso to Section 392(4) BNSS provides 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.Act text: “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”

What CrPC 353 to BNSS 392 Means in Practice

An accused in custody may be brought up to hear the judgment either in person or through audio-video electronic means under Section 392(5) BNSS, where Section 353(5) CrPC said only that the accused shall be brought up to hear the judgment pronounced. Section 392(4) BNSS adds a proviso 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.

FAQs: CrPC 353 to BNSS 392

What does Section 392(1) BNSS say about the time of pronouncing the judgment that Section 353(1) CrPC did not?▼

Section 392(1) BNSS reads at some subsequent time not later than forty-five days of which notice shall be given to the parties or their advocates. Section 353(1) CrPC read at some subsequent time of which notice shall be given to the parties or their pleaders.

What do Section 392(4) BNSS and Section 392(5) BNSS add on uploading and audio-video electronic means?▼

Section 392(4) BNSS adds a proviso 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. Section 392(5) BNSS adds that the accused in custody shall be brought up to hear the judgment pronounced either in person or through audio-video electronic means.

Which cross-reference and which word differ between Section 392 BNSS and Section 353 CrPC?▼

Section 392(8) BNSS refers to Section 511 BNSS where Section 353(8) CrPC referred to Section 465 CrPC. Section 392(1) BNSS, Section 392(1)(c) BNSS, Section 392(4) BNSS and Section 392(7) BNSS read advocate or advocates where Section 353(1) CrPC, Section 353(1)(c) CrPC, Section 353(4) CrPC and Section 353(7) CrPC read pleader or pleaders.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·