Section 392 BNSS: Judgment

Section 392 BNSS Bare Act Text

(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.

Source: Section 392, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 392 BNSS in Simple Words

When Section 392 BNSS Applies

• Under Section 392(1) BNSS, the presiding officer pronounces the judgment in every trial in any Criminal Court of original jurisdiction in open Court.
• 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.
• 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.
• 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.
• 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.
• 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.
• 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.
• 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 Under Section 392 BNSS

• 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”

Example of Section 392 BNSS

When Section 392 BNSS Does Not Apply

• Section 392(1) BNSS speaks of pronouncing the judgment in open Court. It does not deal with the language and contents of the judgment, which are the subject of Section 393 BNSS, headed Language and contents of judgment.
• Section 392 BNSS speaks of pronouncing the judgment. It does not deal with altering a judgment, which is the subject of Section 403 BNSS, headed Court not to alter judgment.

Section 392 BNSS in the CrPC (Previous Law)

FAQs on Section 392 BNSS

Section 392 BNSS: Sub-sections Explained

Sections Related to Section 392 BNSS