The judgment is the final pronouncement by the court after trial, resulting in either conviction or acquittal. S.392-406 BNSS governs the form, content, delivery, and consequences of judgment. Under BNSS, judgment must be pronounced within 45 days of completion of arguments (S.346). A judgment must contain the court's reasoning and the evidence upon which findings are based.
Legal Framework
| Provision | Subject |
|---|---|
| S.392 BNSS (formerly S.353 CrPC) | Pronouncement of judgment in open court, within 45 days of termination of trial |
| S.393 (formerly S.354) | Language and contents of judgment |
| S.258 (Sessions), S.271 (warrant), S.278 (summons) | Judgment of acquittal or conviction; hearing on sentence (S.258(2), S.271(2)) |
| S.394 (formerly S.356) | Order for notifying address of previously convicted offender |
| S.395 (formerly S.357) | Order to pay compensation |
| S.396 (formerly S.357A) | Victim compensation scheme |
| S.397 (formerly S.357C) | Free treatment of victims of specified offences |
| S.398 (new) | Witness protection scheme |
| S.399 (formerly S.358) | Compensation to persons groundlessly arrested |
| S.400 (formerly S.359) | Costs in non-cognizable cases |
| S.401-402 (formerly S.360-361) | Probation or admonition; special reasons |
| S.403 (formerly S.362) | Court not to alter judgment |
| S.404 (formerly S.363) | Copy of judgment to accused |
Why: The judgment is the final product of the trial process. It must be reasoned so that the parties, appellate courts, and the public can understand the basis of the decision. An unreasoned judgment violates Art.21 by denying the right to meaningful appeal.
Form and Content of Judgment (S.392-393)
Language (S.393):
Judgment shall be written in the language of the Court (S.393(1)(a)).
Contents (S.393):
| Element | Requirement |
|---|---|
| Point or points for determination | Clear identification of issues |
| Decision on each point | Finding on each issue |
| Reasons for decision | Logic and evidence supporting each finding |
| Section of law applied | Which provision the accused is convicted/acquitted under |
| Sentence (if conviction) | Nature and quantum of punishment |
| Date of judgment | Must be dated and signed by presiding officer |
Judgment must specify:
- The offence of which the accused is convicted or acquitted
- The section of the statute under which conviction/acquittal is pronounced
- If convicted: the punishment imposed
- If acquitted: the statutory ground (not proved, or innocence established)
Delivery of Judgment (S.392)
| Rule | Detail |
|---|---|
| In open court | Must be pronounced in open court |
| Timeline | Immediately after the termination of the trial or at a later time not later than 45 days, with notice to the parties (S.392(1)); a Sessions judgment within 30 days of completion of arguments, extendable to 45 days for recorded reasons (S.258(1)) |
| Presence of accused | If in custody, brought up in person or by audio-video means (S.392(5)); otherwise required to attend unless attendance was dispensed with and the sentence is fine only or he is acquitted (S.392(6)) |
| Upload | Copy to be uploaded on the court portal within seven days as far as practicable (S.392(4) proviso) |
| Copy to accused | Free copy immediately when sentenced to imprisonment (S.404(1)) |
| Signed | Dated and signed by the presiding officer in open court (S.392(3)) |
| Alteration | Not permissible after signing except to correct a clerical or arithmetical error (S.403) |
Judgment of Acquittal (S.258, S.271, S.278)
When the accused is acquitted:
- Court shall record order of acquittal
- If in custody, shall be set at liberty forthwith (unless detained in another case)
- Acquittal operates as a bar to subsequent prosecution for the same offence (S.337)
Judgment of Conviction (S.258, S.271, S.278)
When the accused is convicted:
- Court shall specify the offence
- Pass sentence authorized by law
- Hear accused on question of sentence before pronouncing
- Consider previous conviction (if any) for enhanced sentence
- May grant probation (S.401) or admonition for first offenders
Hearing on Sentence:
After conviction, the court must hear the accused on the question of sentence. This is a mandatory procedural requirement. Accused may submit mitigating circumstances: age, health, family responsibilities, lack of previous record, etc.
Compensation to Victim (S.395)
When passing judgment of conviction, the court may order the accused to pay compensation to the victim for loss or injury caused by the offence.
Why: Criminal justice should not only punish but also restore. Victim compensation bridges the gap between criminal and civil remedies.
Timeline (BNSS Innovation)
S.392(1): Judgment must be pronounced immediately after the termination of the trial or at a subsequent time not later than 45 days, with notice to the parties. For Sessions trials, S.258(1) requires judgment within 30 days of completion of arguments, extendable to 45 days for reasons recorded in writing.
Victim Compensation (S.395-397)
Victim (S.2(1)(y)): A person who has suffered loss or injury caused by the act or omission of the accused, including the guardian or legal heir.
S.395 (formerly S.357): Where fine is part of the sentence, the court may apply it to prosecution expenses, compensation recoverable in a civil court, compensation under the Fatal Accidents Act 1855 in death cases, and compensation to a bona fide purchaser of stolen property (S.395(1)). No payment is made till the appeal period ends or the appeal is decided (S.395(2)). Where fine is not part of the sentence, the court may order the accused to pay compensation (S.395(3)). A civil court must take the amount into account (S.395(5)).
S.396 (formerly S.357A): Every State, with the Centre, must frame a victim compensation scheme. The DLSA or SLSA decides the quantum on the court's recommendation. The trial court may recommend where S.395 compensation is inadequate or the case ends in acquittal or discharge. Where the offender is not traced, the victim may apply directly. The enquiry must be completed within two months, and interim relief and free first aid may be ordered (S.396(2) to (6)).
S.397 (formerly S.357C): All hospitals, public or private, must immediately give free first aid or medical treatment to victims of offences under S.64-68, 70, 71 and 124(1) BNS (rape and acid attack) and S.4, 6, 8 and 10 POCSO, and inform the police.
Case law: Hari Kishan v Sukhbir Singh (1988) called the compensation power a measure of responding to victims and raised the award to Rs 50,000. Ankush Shivaji Gaikwad v State of Maharashtra (2013) holds that courts have a mandatory duty to apply their mind to compensation in every criminal case and record reasons.
Key Cases
Surendra Singh v State of UP (1953) Surendra Singh v State of UP 1954
Issue: Whether a judgment signed by two judges but delivered after the death of one of them is valid.
Rule: A judgment is the final decision of the court intimated to the parties and the world by formal pronouncement or delivery in open court; until then judges may change their minds.
Held: There was no valid judgment and the case had to be reheard.
Santa Singh v State of Punjab (1976) Santa Singh v State of Punjab 1976
Issue: Whether a death sentence passed without hearing the accused on sentence under S.235(2) CrPC (now S.258(2) BNSS) is valid.
Rule: After conviction the accused must be given an opportunity to be heard on sentence; sentencing is an important stage in modern penology.
Held: The matter was remanded to the trial court to hear the accused on sentence.
State of Maharashtra v Sukhdeo Singh (1992) State of Maharashtra v Sukhdeo Singh 1992
Issue: Whether death sentences pronounced on the same day as conviction (General Vaidya murder, TADA) were vitiated under S.235(2) CrPC.
Rule: S.235(2) is mandatory and the court may adjourn to receive material on sentence; but the test is whether a real opportunity was given and prejudice caused.
Held: The accused had pleaded guilty and placed no mitigating material; S.235(2) was satisfied in letter and spirit, no prejudice was shown, and the death sentences were confirmed.
Hari Kishan v Sukhbir Singh (1988) Hari Kishan v Sukhbir Singh 1988
Issue: Whether compensation of Rs 2,500 to a victim with permanent speech impairment, where the accused were released on probation, was adequate.
Rule: The power to award compensation under S.357 CrPC (now S.395 BNSS) is a measure of responding appropriately to crime and reconciling the victim with the offender; the amount must be reasonable, considering the accused's capacity to pay.
Held: Compensation was raised to Rs 50,000; the High Court's order was otherwise left undisturbed.
Ankush Shivaji Gaikwad v State of Maharashtra (2013) Ankush Shivaji Gaikwad v State of Maharashtra 2013
Issue: Whether courts must consider compensation under S.357 CrPC in every case.
Rule: Though the award is discretionary, there is a mandatory duty on the court to apply its mind to compensation in every criminal case, best shown by recording reasons; a summary enquiry into capacity to pay may precede sentence.
Held: The conviction was altered from S.302 to S.304 Part II IPC with five years' rigorous imprisonment; the judgment was circulated to all High Courts.
Distinctions
| Parameter | Judgment of Acquittal | Judgment of Conviction |
|---|---|---|
| Result | Accused declared not guilty | Accused declared guilty |
| Effect | Liberty immediately | Sentence imposed |
| Bar | Double jeopardy (S.337) applies | Appeal lies to higher court |
| Prosecution appeal | Under S.419 (limited grounds) | N/A (accused appeals) |
| Standard | Prosecution failed to prove beyond reasonable doubt | Prosecution proved beyond reasonable doubt |
| Bail | Released | May be taken into custody |
| Victim compensation | Not applicable | S.395: court may order |
| Point | S.395 Compensation | S.396 Victim Compensation Scheme |
|---|---|---|
| Who pays | The convicted accused | The State, from the scheme fund |
| Who decides | The trial or appellate court | DLSA or SLSA on recommendation or application |
| Conviction needed | Yes | No: available on acquittal, discharge or untraced offender |
| Time limit | With judgment | Enquiry within two months |
Criticism and Debate
- History: S.545 of the 1898 Code allowed compensation from fine; S.357 CrPC 1973 widened it; S.357A (2009 amendment) created State schemes and S.357C (2013) free treatment; BNSS 2023 renumbers them S.395-397 and adds a witness protection scheme (S.398).
- Criticism: Awards under S.395 remain small and rare, and scheme funds are under-used, despite Ankush Shivaji Gaikwad (2013) making consideration mandatory.
- Conclusion: Judgment marks the shift from punishing the offender to also restoring the victim.
Exam Scenario
A Sessions Judge convicts the accused of culpable homicide and immediately imposes 10 years imprisonment without asking the accused about mitigating circumstances. The accused appeals. Advise.
Per S.258(2) BNSS and Santa Singh v State of Punjab (1976), the accused has a mandatory right to be heard on sentence after conviction (Sukhdeo Singh (1992) adds that the test is a real opportunity and prejudice). The Sessions Judge's failure to hear the accused on sentencing violates this requirement. On appeal: (1) The conviction may stand if supported by evidence (the procedural defect relates to sentencing, not verdict). (2) The sentence must be set aside. (3) The appellate court may either: (a) remand for fresh hearing on sentence before the trial court, or (b) conduct the hearing itself and pass appropriate sentence after hearing mitigating factors. The accused should present: age, first offence (if applicable), family dependents, provocation, reformation potential. The 10-year sentence cannot stand without the accused being heard.
Recall Check
- Within what time must judgment be delivered after arguments?
- What must a judgment of conviction contain?
- What is the accused's right between conviction and sentence?
Flashcards
Within what period must judgment be delivered under S.392(1) BNSS?
Immediately after the trial ends or not later than 45 days, with notice to the parties (S.392(1)).
What must a judgment contain under S.393?
Points for determination, decision on each point, reasons for decision, section of law, and sentence (if conviction).
Must the accused be heard on sentence before punishment is imposed?
Yes. S.258(2) and S.271(2) require it; Santa Singh remanded a sentence passed without a hearing, while Sukhdeo Singh holds the question is whether a real opportunity was given.
In which language must the judgment be written?
The language of the Court (S.393(1)(a)).
What is the effect of acquittal on future prosecution?
S.337: bar against double jeopardy; accused cannot be tried again for the same offence.
Can a judgment be altered after signing?
No. S.403 allows only correction of a clerical or arithmetical error.
What does S.395 empower the court to order?
Applying fine towards prosecution expenses and compensation (S.395(1)), or ordering compensation where fine is not part of the sentence (S.395(3)).