Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 392: Judgment.
(1) The judgment in every trial in any Criminal Court or original jurisdiction shall be pronounced in open Court by the presiding officer immediately after the termination of the trial or at some subsequent time not later than forty-five days of which notice shall be given to the parties or their advocates,—
- (a) by delivering the whole of the judgment; or
- (b) by reading out the whole of the judgment; or
- (c) by reading out the operative part of the judgment and explaining the substance of the judgment in a language which is understood by the accused or his advocate.
(2) Where the judgment is delivered under clause (a) of sub-section (1), the presiding officer shall cause it to be taken down in short-hand, sign the transcript and every page thereof as soon as it is made ready, and write on it the date of the delivery of the judgment in open Court.
(3) Where the judgment or the operative part thereof is read out under clause (b) or clause (c) of sub-section (1), as the case may be, it shall be dated and signed by the presiding officer in open Court, and if it is not written with his own hand, every page of the judgment shall be signed by him.
(4) Where the judgment is pronounced in the manner specified in clause (c) of sub-section (1), the whole judgment or a copy thereof shall be immediately made available for the perusal of the parties or their advocates free of cost:
Provided that the Court shall, as far as practicable, upload the copy of the judgment on its portal within a period of seven days from the date of judgment.
(5) If the accused is in custody, he shall be brought up to hear the judgment pronounced either in person or through audio-video electronic means.
(6) If the accused is not in custody, he shall be required by the Court to attend to hear the judgment pronounced, except where his personal attendance during the trial has been dispensed with and the sentence is one of fine only or he is acquitted:
Provided that where there are more accused persons than one, and one or more of them do not attend the Court on the date on which the judgment is to be pronounced, the presiding officer may, in order to avoid undue delay in the disposal of the case, pronounce the judgment notwithstanding their absence.
(7) No judgment delivered by any Criminal Court shall be deemed to be invalid by reason only of the absence of any party or his advocate on the day or from the place notified for the delivery thereof, or of any omission to serve, or defect in serving, on the parties or their advocates, or any of them, the notice of such day and place.
(8) Nothing in this section shall be construed to limit in any way the extent of the provisions of section 513.
Brefe Detail
Section 392 outlines the procedures for pronouncing judgments in Criminal Courts. It emphasizes the importance of delivering judgments in open court, ensuring that all parties are informed and able to attend. The section details various methods of delivering judgments and the responsibilities of the presiding officer regarding documentation and availability of the judgment to the parties.
Question & Answers
What is the time frame for pronouncing a judgment in a Criminal Court?
The judgment must be pronounced immediately after the trial or within forty-five days, with notice given to the parties or their advocates.
How can a judgment be delivered?
A judgment can be delivered by:
- Delivering the whole judgment.
- Reading the whole judgment.
- Reading the operative part and explaining the substance in an understandable language.
What should the presiding officer do after delivering the judgment?
The presiding officer must ensure the judgment is taken down in shorthand, signed, and dated.
What happens if the accused is in custody?
If the accused is in custody, they must be brought to hear the judgment either in person or via audio-video means.
Are judgments invalid if a party is absent?
No, judgments are not deemed invalid due to the absence of any party or their advocate.
Example
1. If a defendant is sentenced to imprisonment, the judgment must be pronounced in open court immediately after the trial.
2. If the presiding officer reads out the operative part of the judgment, they must explain it in a language understood by the accused.
Summary
Section 392 ensures that judgments in Criminal Courts are delivered in a structured manner, promoting transparency and accountability. It outlines the responsibilities of the presiding officer and ensures that all parties are given fair notice and opportunities to be present during the judgment announcement. The section also protects the validity of judgments from challenges based on the attendance of parties.
