Code:
Section 405 BNSS
The original judgment shall be filed with the record of the proceedings and where the original is recorded in a language different from that of the Court, and if either party so requires, a translation thereof into the language of the Court shall be added to such record.
Explanation:
Section 404 BNSS ensures that the accused and relevant parties have access to copies of the judgment. It mandates that a copy is given to the accused free of cost in case of imprisonment and provides for additional certified copies when required. In cases of the death penalty, the judgment copy is to be provided immediately. It also allows affected individuals to obtain copies of judgments and orders by paying the necessary charges.
Section 405 BNSS specifies that if a judgment is written in a different language from that of the Court, a translation must be added to the case records upon request, ensuring that all parties understand the judicial decision.
Illustration:
Example 1: Copy of Judgment Given to an Accused
A person sentenced to 3 years of imprisonment requests a copy of the judgment. The Court provides a certified copy free of cost immediately after pronouncement.
Example 2: Translation of Judgment Required
A judgment is written in English, but the Court primarily functions in Hindi. One of the parties requests a translation in Hindi. As per Section 405 BNSS, the Court ensures that a translated version is added to the records.
Common Questions and Answers:
1. Is an accused entitled to a free copy of the judgment in all cases?
Yes, if sentenced to imprisonment, the accused is entitled to a free copy. If sentenced to death, a copy must be given immediately.
2. Can a person affected by the judgment get a copy?
Yes, but they must apply and pay prescribed charges unless the Court provides it free for special reasons.
3. What happens if the judgment is in a different language?
Under Section 405 BNSS, if requested, the judgment must be translated into the language of the Court and added to the record.
Conclusion:
Sections 404 and 405 BNSS ensure transparency and accessibility of judicial decisions by providing free copies to the accused and facilitating translations when necessary. These provisions uphold fairness and help parties understand court rulings effectively.
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