Section 404 BNSS: Copy of judgment to be given to accused and other persons

Section 404 BNSS Bare Act Text

(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.

Source: Section 404, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 404 BNSS in Simple Words

When Section 404 BNSS Applies

• 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.
• 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.
• 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.
• 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.
• 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.
• 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.
• 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.
• 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.
• 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 Under Section 404 BNSS

• 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”

Example of Section 404 BNSS

When Section 404 BNSS Does Not Apply

• Section 404 BNSS speaks of giving copies of the judgment to accused and other persons. It does not deal with filing the original judgment with the record of the proceedings, which is the subject of Section 405 BNSS, headed Judgment when to be translated.
• Section 404 BNSS speaks of giving copies of the judgment after it is pronounced. It does not deal with the pronouncement of the judgment itself, which is the subject of Section 392 BNSS, headed Judgment.

Section 404 BNSS in the CrPC (Previous Law)

FAQs on Section 404 BNSS

Section 404 BNSS: Sub-sections Explained

Sections Related to Section 404 BNSS