CrPC 363→BNSS 404

CrPC 363 to BNSS 404: Copy of judgment to be given to the accused and other persons

Section 363 CrPC (1973) replaced by Section 404 BNSS (2023)

View CrPC Section 363 →View BNSS Section 404 →

CrPC 363 to BNSS 404 at a Glance

Section 363 CrPC (Copy of judgment to be given to the accused and other persons) is now Section 404 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 363 to BNSS 404?

From 1 July 2024, Section 404 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 363 of the Code of Criminal Procedure, 1973. The heading is the same. Section 404(3) BNSS names Section 136 BNSS where Section 363(3) CrPC named Section 117 CrPC. Section 404(5) BNSS has a second proviso, which Section 363(5) CrPC does not have, under which 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. The other sub-sections have the same text.

CrPC 363 vs BNSS 404: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section363404
HeadingCopy of judgment to be given to the accused and other personsCopy of judgment to be given to accused and other persons
Sub-sections6 sub-sectionsSame
Cross-referencess.117s.136

CrPC 363 and BNSS 404: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 363, CrPC 1973

363. Copy of judgment to be given to the 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 117 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. (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.
BNSS 2023 (in force)

Section 404, BNSS 2023

404. 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.

When It Applies: CrPC 363 vs BNSS 404

Under CrPC 363
  1. Under Section 363(1) CrPC, when the accused is sentenced to imprisonment, a copy of the judgment shall, immediately after the pronouncement of the judgment, be given to the accused free of cost.
  2. Under Section 363(2) CrPC, on the application of the accused, a certified copy of the judgment, or when the accused so desires, a translation in the accused's own language if practicable or in the language of the Court, shall be given without delay, and such copy shall, in every case where the judgment is appealable by the accused, be given free of cost.
  3. Under the proviso to Section 363(2) CrPC, 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 the accused applies for the same.
  4. Under Section 363(3) CrPC, Section 363(2) CrPC applies in relation to an order under Section 117 CrPC as it applies in relation to a judgment which is appealable by the accused.
  5. Under Section 363(4) CrPC, when the accused is sentenced to death by any Court and an appeal lies from the judgment as of right, the Court shall inform the accused of the period within which, if the accused wishes to appeal, the appeal should be preferred.
  6. Under Section 363(5) CrPC, save as otherwise provided in Section 363(2) CrPC, 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.
  7. Under the proviso to Section 363(5) CrPC, the Court may, if it thinks fit for some special reason, give the copy free of cost.
  8. Under Section 363(6) CrPC, 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 of such fees, and subject to such conditions, as the High Court may provide.
Under BNSS 404
  1. Under Section 404(1) BNSS, when the accused is sentenced to imprisonment, a copy of the judgment shall, immediately after the pronouncement of the judgment, be given to the accused free of cost.
  2. Under Section 404(2) BNSS, on the application of the accused, a certified copy of the judgment, or when the accused so desires, a translation in the accused's own language if practicable or in the language of the Court, shall be given without delay, and such copy shall, in every case where the judgment is appealable by the accused, be given free of cost.
  3. Under the proviso to Section 404(2) BNSS, 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 the accused applies for the same.
  4. Under Section 404(3) BNSS, Section 404(2) BNSS applies in relation to an order under Section 136 BNSS as it applies in relation to a judgment which is appealable by the accused.
  5. Under Section 404(4) BNSS, when the accused is sentenced to death by any Court and an appeal lies from the judgment as of right, the Court shall inform the accused of the period within which, if the accused wishes to appeal, the appeal should be preferred.
  6. Under Section 404(5) BNSS, save as otherwise provided in Section 404(2) BNSS, 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.
  7. Under the first proviso to Section 404(5) BNSS, the Court may, if it thinks fit for some special reason, give the copy free of cost.
  8. Under the second proviso to Section 404(5) BNSS, 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.
  9. Under Section 404(6) BNSS, 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 of such fees, and subject to such conditions, as the High Court may provide.

Time Limits: CrPC 363 to BNSS 404

Under CrPC 363
  • Under Section 363(1) CrPC, the copy of the judgment shall be given immediately after the pronouncement of the judgment.Act text: “immediately after the pronouncement of the judgment, be given to him free of cost”
  • Under Section 363(2) CrPC, the certified copy or translation shall be given without delay.Act text: “shall be given to him without delay”
  • Under the proviso to Section 363(2) CrPC, where a sentence of death is passed or confirmed by the High Court, the certified copy of the judgment shall be immediately given to the accused free of cost.Act text: “a certified copy of the judgment shall be immediately given to the accused free of cost”
  • Under Section 363(4) CrPC, the Court shall inform the accused sentenced to death of the period within which the appeal should be preferred.Act text: “the Court shall inform him of the period within which, if he wishes to appeal, his appeal should be preferred”
Under BNSS 404
  • Under Section 404(1) BNSS, the copy of the judgment shall be given immediately after the pronouncement of the judgment.Act text: “immediately after the pronouncement of the judgment, be given to him free of cost”
  • Under Section 404(2) BNSS, the certified copy or translation shall be given without delay.Act text: “shall be given to him without delay”
  • Under the proviso to Section 404(2) BNSS, where a sentence of death is passed or confirmed by the High Court, the certified copy of the judgment shall be immediately given to the accused free of cost.Act text: “a certified copy of the judgment shall be immediately given to the accused free of cost”
  • Under Section 404(4) BNSS, the Court shall inform the accused sentenced to death of the period within which the appeal should be preferred.Act text: “the Court shall inform him of the period within which, if he wishes to appeal, his appeal should be preferred”

What CrPC 363 to BNSS 404 Means in Practice

Under the second proviso to Section 404(5) BNSS, 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. Section 363(5) CrPC has only the proviso that the Court may, if it thinks fit for some special reason, give the copy free of cost to the person affected.

FAQs: CrPC 363 to BNSS 404

What is the second proviso to Section 404(5) BNSS that Section 363(5) CrPC does not have?▼

Under the second proviso to Section 404(5) BNSS, 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. Section 363(5) CrPC has only the proviso that the Court may, if it thinks fit for some special reason, give the copy free of cost.

Which Section does Section 404(3) BNSS name where Section 363(3) CrPC named Section 117 CrPC?▼

Section 404(3) BNSS names Section 136 BNSS where Section 363(3) CrPC named Section 117 CrPC.

Are Section 404(1) BNSS, Section 404(2) BNSS, Section 404(4) BNSS and Section 404(6) BNSS different from Section 363 CrPC?▼

No. Section 404(1) BNSS, Section 404(2) BNSS, Section 404(4) BNSS and Section 404(6) BNSS have the same text as Section 363(1) CrPC, Section 363(2) CrPC, Section 363(4) CrPC and Section 363(6) CrPC.

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: 22 Oct 2026 ·