What Is BNSS Section 393?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 393: Language and Contents of Judgment

(1) Except as otherwise expressly provided by this Sanhita, every judgment referred to in section 392,—

• shall be written in the language of the Court;
• shall contain the point or points for determination, the decision thereon and the reasons for the decision;
• shall specify the offence (if any) of which, and the section of the Bharatiya Nyaya Sanhita, 2023 or other law under which, the accused is convicted, and the punishment to which he is sentenced;
• if it be a judgment of acquittal, shall state the offence of which the accused is acquitted and direct that he be set at liberty.

(2) When the conviction is under the Bharatiya Nyaya Sanhita, 2023 and it is doubtful under which of two sections, or under which of two parts of the same section, of that Sanhita the offence falls, the Court shall distinctly express the same, and pass judgment in the alternative.

(3) When the conviction is for an offence punishable with death or, in the alternative, with imprisonment for life or imprisonment for a term of years, the judgment shall state the reasons for the sentence awarded, and, in the case of sentence of death, the special reasons for such sentence.

(4) When the conviction is for an offence punishable with imprisonment for a term of one year or more, but the Court imposes a sentence of imprisonment for a term of less than three months, it shall record its reasons for awarding such sentence, unless the sentence is one of imprisonment till the rising of the Court or unless the case was tried summarily under the provisions of this Sanhita.

(5) When any person is sentenced to death, the sentence shall direct that he be hanged by the neck till he is dead.

(6) Every order under section 136 or sub-section (2) of section 157 and every final order made under section 144, section 164 or section 166 shall contain the point or points for determination, the decision thereon and the reasons for the decision.

Brefe Detail

Section 393 of the Bharatiya Nagarik Suraksha Sanhita, 2023 outlines the requirements for writing judgments in courts. It emphasizes that judgments must be written in the language of the court and should include key elements such as points for determination, decisions, and reasons for those decisions. Specific instructions are provided for cases involving convictions, acquittals, and the imposition of sentences, particularly in serious cases like those punishable by death or life imprisonment.

Question & Answers

Q1: What language should the judgments be written in?

A1: Judgments should be written in the language of the Court.

Q2: What must be included in every judgment?

A2: Every judgment must include the point or points for determination, the decision thereon, and the reasons for the decision.

Q3: What information is required when a conviction occurs?

A3: The judgment must specify the offence and the section of the Bharatiya Nyaya Sanhita, 2023 or other law under which the accused is convicted, along with the punishment.

Q4: What should a judgment of acquittal state?

A4: A judgment of acquittal must state the offence of which the accused is acquitted and direct that he be set at liberty.

Q5: How should the court handle uncertainty about the applicable section for a conviction?

A5: The Court should distinctly express the uncertainty and pass judgment in the alternative.

Q6: What are the requirements for judgments involving death sentences?

A6: Judgments for death sentences must state the reasons for the sentence awarded and, in the case of a death sentence, the special reasons for such a sentence.

Q7: What must a court do when imposing a short sentence for a serious offence?

A7: The court must record its reasons for awarding a sentence of imprisonment for a term of less than three months if the conviction is for an offence punishable with imprisonment for a term of one year or more.

Q8: What specific instruction is given when sentencing someone to death?

A8: The sentence must direct that the person be hanged by the neck till dead.

Q9: What should every order under certain sections contain?

A9: Every order under section 136 or sub-section (2) of section 157 and every final order made under sections 144, 164, or 166 must contain the point or points for determination, the decision thereon, and the reasons for the decision.

Example

• Example of Judgment Format:
  • Language: English
  • Points for Determination: Whether the accused is guilty of theft.
  • Decision: The accused is found guilty.
  • Reasons: Evidence presented confirms guilt.
  • Offence: Theft under Section 378 of the Bharatiya Nyaya Sanhita, 2023.
  • Sentence: Imprisonment for 2 years.
• Example of Acquittal Judgment:
  • Language: Hindi
  • Points for Determination: Whether the accused committed fraud.
  • Decision: The accused is acquitted.
  • Offence: Fraud under Section 420 of the Bharatiya Nyaya Sanhita, 2023.
  • Direction: The accused is set at liberty.

Summary

Section 393 of the Bharatiya Nagarik Suraksha Sanhita, 2023 stipulates the structure and content of court judgments, emphasizing clarity and comprehensiveness. It covers essential aspects such as language, decision-making criteria, and procedural requirements for both convictions and acquittals, ensuring justice is served with proper documentation and reasoning.