Code: Section 404 BNSS
(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 Section 404 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.
Explanation of Section 404 BNSS
Section 404 BNSS establishes the right of the accused and other relevant parties to obtain a copy of the judgment. This provision ensures transparency in the judicial process and safeguards the right to appeal.
Key Provisions:
- Immediate Copy to Accused: If sentenced to imprisonment, the accused gets a free copy of the judgment.
- Certified Copy: On request, the accused can receive a certified or translated copy without delay.
- Death Sentence Cases: If a death sentence is passed or confirmed by the High Court, a certified copy must be given immediately.
- Appeal Information: The accused must be informed of the appeal timeline if an appeal is permitted.
- Access to Copies: Affected persons can obtain copies of judgments, depositions, or records on payment of fees.
- Special Provisions by High Court: Rules may allow copies to be granted to individuals not directly affected by the judgment.
Illustration
Example 1: Accused Sentenced to Imprisonment
A person convicted of theft under Section 303 BNSS is sentenced to two years of imprisonment. As per Section 404 BNSS, he is immediately provided with a free copy of the judgment.
Example 2: Death Sentence Case
An accused is convicted of murder under Section 103 BNSS and sentenced to death. The Court must immediately provide him with a certified copy of the judgment, whether he applies for it or not.
Example 3: Request for Certified Copy
A businessman accused of fraud under Section 315 BNSS wants a certified translation of the judgment in his native language. The Court provides him with a translated copy without delay.
Common Questions and Answers on Section 404 BNSS
1. Why is a free copy of the judgment provided to the accused?
To ensure that the accused understands the verdict and can take necessary legal steps, including filing an appeal.
2. Can any person apply for a certified copy of a judgment?
Yes, but affected persons get priority. Others may obtain a copy by paying the prescribed charges.
3. What happens if a death sentence is passed?
A certified copy of the judgment is immediately provided to the accused free of cost.
4. What if an accused wants a translation of the judgment?
If practicable, the Court must provide a translation in the accused’s language or the Court’s language.
5. Can the government obtain free copies of judgments?
Yes, the Prosecuting Officer can request certified copies for the government free of charge.
Conclusion
Section 404 BNSS ensures judicial transparency and protects the accused’s right to appeal. By mandating free and timely access to judgments, the law upholds fairness in the criminal justice system.
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