(1) Except as otherwise expressly provided by this Sanhita, every judgment referred to in section 392,—
(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.
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.
A1: Judgments should be written in the language of the Court.
A2: Every judgment must include the point or points for determination, the decision thereon, and the reasons for the decision.
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.
A4: A judgment of acquittal must state the offence of which the accused is acquitted and direct that he be set at liberty.
A5: The Court should distinctly express the uncertainty and pass judgment in the alternative.
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.
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.
A8: The sentence must direct that the person be hanged by the neck till dead.
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.
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.
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Discover clear and detailed answers to common questions about Bharatiya Nagarik Suraksha Sanhita(BNSS). Learn about procedures and more in straightforward language.
