Section 363 CrPC: Copy of judgment to be given to the accused and other persons
Code of Criminal Procedure, 1973
Section 363 CrPC at a Glance
Section 363 CrPC deals with copy of judgment to be given to the accused and other persons. From 1 July 2024 it is replaced by Section 404 BNSS.
What Section 363 CrPC Says
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.
Source: Section 363, Code of Criminal Procedure, 1973
Section 363 CrPC in Simple Words
Section 363 of the Code of Criminal Procedure, 1973 deals with the copy of the judgment to be given to the accused and other persons. 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.
On the application of the accused, a certified copy of the judgment, or a translation if the accused so desires, shall be given without delay, free of cost in every case where the judgment is appealable by the accused. Any person affected by a judgment or order passed by a Criminal Court may, on an application and on payment of the prescribed charges, be given a copy of the judgment or order or of any deposition or other part of the record.
The High Court may, by rules, provide for the grant of copies to a person who is not affected.
When Section 363 CrPC Applies
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
Time Limits Under Section 363 CrPC
- 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”
Example of Section 363 CrPC
When Section 363 CrPC Does Not Apply
- Section 363 CrPC speaks of giving copies of the judgment to the 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 364 CrPC, headed Judgment when to be translated.
- Section 363 CrPC 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 353 CrPC, headed Judgment.
Section 363 CrPC Under BNSS 404: What Changed
Section 363 CrPC is now covered under Section 404 BNSS.
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.
View detailed comparison (CrPC 363 vs BNSS 404) →FAQs on Section 363 CrPC
When is a copy of the judgment given free of cost to the accused under Section 363 CrPC?▼
Under Section 363(1) of the Code of Criminal Procedure, 1973, 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 363(2) CrPC, a copy given on the application of the accused shall, in every case where the judgment is appealable by the accused, be given free of cost. 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.
Can the accused ask for a translation of the judgment under Section 363 CrPC?▼
Under Section 363(2) of the Code of Criminal Procedure, 1973, 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. 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.
How can a person other than the accused obtain a copy under Section 363 CrPC?▼
Under Section 363(5) of the Code of Criminal Procedure, 1973, 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. The proviso to Section 363(5) CrPC allows the Court to give it free of cost if it thinks fit for some special reason. Under Section 363(6) CrPC, the High Court may, by rules, provide for the grant of copies to a person who is not affected.
Where is Section 363 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼
Section 363 CrPC is found in Section 404 BNSS, with Section 363(1) CrPC in Section 404(1) BNSS, Section 363(2) CrPC and its proviso in Section 404(2) BNSS and its proviso, Section 363(3) CrPC in Section 404(3) BNSS, Section 363(4) CrPC in Section 404(4) BNSS, Section 363(5) CrPC and its proviso in Section 404(5) BNSS and its first proviso, and Section 363(6) CrPC in Section 404(6) BNSS. The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973 from 1 July 2024.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·