Section 393 BNSS: Language and contents of judgment

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 393 BNSS at a Glance

Section 393 BNSS deals with language and contents of judgment. It replaced Section 354 CrPC on 1 July 2024.

Was CrPC

Section 354 →

Section 393 BNSS Bare Act Text

(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 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 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.

Source: Section 393, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 393 BNSS in Simple Words

Section 393 BNSS sets out the language and contents of a judgment referred to in Section 392 BNSS.

Except as otherwise expressly provided by the Sanhita, the judgment shall be written in the language of the Court and shall contain the point or points for determination, the decision thereon and the reasons for the decision.

The section also deals with a conviction, an acquittal, a doubt between two sections, a sentence of death, a short sentence of imprisonment and certain orders.

When Section 393 BNSS Applies

  • Every judgment referred to in Section 392 BNSS shall be written in the language of the Court and shall contain the point or points for determination, the decision thereon and the reasons for the decision, except as otherwise expressly provided by the Sanhita, under Section 393(1) BNSS.
  • A judgment of conviction shall specify the offence, if any, of which the accused is convicted, the section of the Bharatiya Nyaya Sanhita, 2023 or other law under which the accused is convicted, and the punishment to which the accused is sentenced, under Section 393(1)(c) BNSS.
  • A judgment of acquittal shall state the offence of which the accused is acquitted and direct that the accused be set at liberty, under Section 393(1)(d) BNSS.
  • When the conviction is under the Bharatiya Nyaya Sanhita, 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, under Section 393(2) BNSS.
  • 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, under Section 393(3) BNSS.
  • When any person is sentenced to death, the sentence shall direct that the person be hanged by the neck till he is dead, under Section 393(5) BNSS.
  • 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, the Court shall record its reasons for awarding such sentence, under Section 393(4) BNSS.
  • Every order under Section 136 BNSS or Section 157(2) BNSS, and every final order made under Section 144 BNSS, Section 164 BNSS or Section 166 BNSS, shall contain the point or points for determination, the decision thereon and the reasons for the decision, under Section 393(6) BNSS.

Example of Section 393 BNSS

Ramesh is convicted of an offence punishable with imprisonment for a term of one year or more. The Court imposes a sentence of imprisonment for a term of less than three months. The sentence is not imprisonment till the rising of the Court, and the case was not tried summarily. Under Section 393(4) BNSS, the Court shall record its reasons for awarding such sentence.

When Section 393 BNSS Does Not Apply

  • Section 393(5) BNSS speaks of the direction in a sentence of death that the person be hanged by the neck till he is dead. It does not deal with the submission of a sentence of death by the Court of Session for confirmation, which is the subject of Section 407 BNSS.
  • Section 393 BNSS speaks of the contents of a judgment. It does not deal with a copy of the judgment to be given to the accused and other persons, which is the subject of Section 404 BNSS.
  • Section 393(1) BNSS speaks of the language of the Court in which a judgment is written. It does not deal with the translation of a judgment, which is the subject of Section 405 BNSS.

Section 393 BNSS in the CrPC (Previous Law)

Section 393 BNSS replaced Section 354 CrPC from 1 July 2024.

Section 354 CrPC is found in Section 393 BNSS from 1 July 2024 under the same heading. Section 393 BNSS has the same sub-sections as Section 354 CrPC. The differences are the word Sanhita for Code, the Bharatiya Nyaya Sanhita, 2023 for the Indian Penal Code in Section 393(1)(c) BNSS and Section 393(2) BNSS, Section 392 BNSS for Section 353 CrPC in Section 393(1) BNSS, and the renumbered cross-references in Section 393(6) BNSS.

Each sub-section below names its own source.

FAQs on Section 393 BNSS

What must a judgment contain under Section 393 BNSS?▼

Except as otherwise expressly provided by the Sanhita, every judgment referred to in Section 392 BNSS shall be written in the language of the Court and shall contain the point or points for determination, the decision thereon and the reasons for the decision. A judgment of conviction shall specify the offence, the section of the Bharatiya Nyaya Sanhita, 2023 or other law, and the punishment. A judgment of acquittal shall state the offence of which the accused is acquitted and direct that the accused be set at liberty.

When does Section 393 BNSS require reasons for a sentence?▼

Section 393(3) BNSS requires the judgment to state the reasons for the sentence awarded 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, and the special reasons in the case of sentence of death. Section 393(4) BNSS requires the Court to record its reasons for a sentence of imprisonment for a term of less than three months when the offence is punishable with imprisonment for a term of one year or more, unless the sentence is imprisonment till the rising of the Court or the case was tried summarily.

Which orders must contain the point or points for determination under Section 393(6) BNSS?▼

Every order under Section 136 BNSS or Section 157(2) BNSS, and every final order made under Section 144 BNSS, Section 164 BNSS or Section 166 BNSS, shall contain the point or points for determination, the decision thereon and the reasons for the decision.

What changed from Section 354 CrPC to Section 393 BNSS from 1 July 2024?▼

From 1 July 2024, Section 393 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 354 of the Code of Criminal Procedure, 1973. Section 393 BNSS has the same heading as Section 354 CrPC, and its text differs as follows. Section 393 BNSS reads Sanhita where Section 354 CrPC read Code, and the Bharatiya Nyaya Sanhita, 2023 where Section 354 CrPC read the Indian Penal Code. It refers to Section 392 BNSS where Section 354(1) CrPC referred to Section 353 CrPC. Section 393(6) BNSS refers to Section 136 BNSS, Section 157(2) BNSS, Section 144 BNSS, Section 164 BNSS and Section 166 BNSS where Section 354(6) CrPC referred to Section 117 CrPC, Section 138(2) CrPC, Section 125 CrPC, Section 145 CrPC and Section 147 CrPC.

Section 393 BNSS: Sub-sections Explained

Section 393(1) BNSS: Language and contents of judgment

▶

Bare Act Text

(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 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.

Previous Law

CrPC 354 → Section 393(1) BNSS

Section 393(2) BNSS: Language and contents of judgment

▶

Bare Act Text

(2) When the conviction is under the Bharatiya Nyaya Sanhita, 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.

Previous Law

CrPC 354(2) → Section 393(2) BNSS

Section 393(3) BNSS: Language and contents of judgment

▶

Bare Act Text

(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.

Previous Law

CrPC 354(3) → Section 393(3) BNSS

Section 393(4) BNSS: Language and contents of judgment

▶

Bare Act Text

(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.

Previous Law

CrPC 354(4) → Section 393(4) BNSS

Section 393(5) BNSS: Language and contents of judgment

▶

Bare Act Text

(5) When any person is sentenced to death, the sentence shall direct that he be hanged by the neck till he is dead.

Previous Law

CrPC 354(5) → Section 393(5) BNSS

Section 393(6) BNSS: Language and contents of judgment

▶

Bare Act Text

(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.

Previous Law

CrPC 354(6) → Section 393(6) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·