Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 258
Code:
(1) After hearing arguments and points of law (if any), the Judge shall give a
judgment in the case, as soon as possible, within a period of thirty days from the date of
completion of arguments, which may be extended to a period of forty-five days for reasons
to be recorded in writing.
(2) If the accused is convicted, the Judge shall, unless he proceeds in accordance
with the provisions of section 401, hear the accused on the questions of sentence, and then
pass sentence on him according to law.
Explanation:
This section lays down the timeframe for delivering a judgment and the procedure for sentencing after a conviction in a criminal case.
Subsection (1): This subsection mandates the Judge to deliver a judgment “as soon as possible” within 30 days of completing the arguments. For specific reasons, this period can be extended to 60 days. This ensures timely justice delivery and prevents undue delays in the judicial process.
Subsection (2): This subsection deals with the sentencing procedure. If the accused is found guilty (convicted), the Judge must hear the accused on the question of sentence, unless the Judge chooses to proceed under Section 401 (which deals with the imposition of a sentence without hearing). Subsequently, the Judge will pass a sentence on the accused according to the law.
Illustration:
Imagine a case where a person is accused of theft. After the arguments are complete, the Judge delivers a judgment within 30 days, finding the accused guilty. The Judge then proceeds to hear the accused’s perspective on the sentence. The onsidering factors like the accused’s background, mitigating circumstances, and the gravity of the offense. Finally, the Judge sentences the accused according to the applicable law, potentially including imprisonment, fines, or other forms of punishment.
Common Questions and Answers:
Q: What are the specific reasons for extending the judgment delivery time to 60 days?
A: The BNSS doesn’t explicitly list the specific reasons. However, they could include complex legal issues, extensive evidence review, or the need to consult with experts.
Q: What does it mean to hear the accused on the question of sentence?
A: This implies that the accused is given an opportunity to present their arguments, plead for leniency, or explain any mitigating factors that might influence the sentence.
Q: When can the Judge proceed under Section 401?
A: This is typically done in cases where the sentence is predetermined (like a fixed fine) or when the nature of the offense clearly warrants a specific sentence.
