Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 404: Copy of judgment to be given to the accused and other persons
(1) When the accused is sentenced to imprisonment, a copy of the judgment shall, immediately after the pronouncement of the judgment, be given to him free of cost.
(2) On the application of the accused, a certified copy of the judgment, or when he so desires, a translation in his own language if practicable or in the language of the Court, shall be given to him without delay, and such copy shall, in every case where the judgment is appealable by the accused, be given free of cost: Provided that where a sentence of death is passed or confirmed by the High Court, a certified copy of the judgment shall be immediately given to the accused free of cost whether or not he applies for the same.
(3) The provisions of sub-section (2) shall apply in relation to an order under section 136 as they apply in relation to a judgment which is appealable by the accused.
(4) When the accused is sentenced to death by any Court and an appeal lies from such judgment as of right, the Court shall inform him of the period within which, if he wishes to appeal, his appeal should be preferred.
(5) Save as otherwise provided in sub-section (2), any person affected by a judgment or order passed by a Court shall, on an application made in this behalf and on payment of the prescribed charges, be given a copy of such judgment or order or of any deposition or other part of the record: Provided that the Court may, if it thinks fit for some special reason, give it to him free of cost: Provided further that the Court may, on an application made in this behalf by the Prosecuting Officer, provide to the Government, free of cost, a certified copy of such judgment, order, deposition or record.
(6) The High Court may, by rules, provide for the grant of copies of any judgment or order of a Criminal Court to any person who is not affected by a judgment or order, on payment, by such person, of such fees, and subject to such conditions, as the High Court may, by such rules, provide.
Brief Detail
Section 404 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the provisions for providing copies of judgments to the accused and other persons. It ensures that the accused receives a free copy of the judgment when sentenced to imprisonment, and further provisions guarantee access to certified copies or translations upon request. The section also provides for cases where the accused is sentenced to death and the appeal process. It allows other individuals affected by the judgment or order to obtain copies of the records for a fee, while the government can receive copies free of charge in certain cases. The High Court has the authority to set rules for granting copies to persons not directly affected by the judgment.
Question & Answers
Q1: When is a copy of the judgment given to the accused for free?
A1: A copy of the judgment is given to the accused free of cost immediately after the pronouncement of the judgment when the accused is sentenced to imprisonment.
Q2: What if the accused wants a certified copy or a translation of the judgment?
A2: The accused can apply for a certified copy or a translation in their own language if practicable, and it will be provided without delay, free of cost, if the judgment is appealable by the accused.
Q3: What happens when a death sentence is passed or confirmed by the High Court?
A3: A certified copy of the judgment must be immediately given to the accused free of cost, regardless of whether the accused applies for the copy.
Q4: What should a court do when the accused is sentenced to death and an appeal lies from the judgment?
A4: The court must inform the accused of the period within which they should file an appeal if they wish to do so.
Q5: Can anyone other than the accused get a copy of the judgment?
A5: Yes, any person affected by a judgment or order can request a copy upon payment of prescribed charges, and the court may provide it free of cost for special reasons. The government can also receive certified copies free of cost upon application by the Prosecuting Officer.
Q6: Can copies of judgments be provided to persons who are not affected by the judgment?
A6: Yes, the High Court may make rules to allow copies of judgments to be provided to persons who are not affected by the judgment, subject to fees and conditions determined by the High Court.
Example
Example 1:
An accused person is sentenced to imprisonment, and a copy of the judgment is given to them immediately after the pronouncement, free of cost.
Example 2:
The accused applies for a certified copy of the judgment and, if appealable, receives it free of cost. If they want a translation, it can be provided in their language, if practicable.
Example 3:
When the court passes a death sentence, it ensures that a certified copy of the judgment is provided to the accused without the need for an application from the accused.
Summary
Section 404 of the Bharatiya Nagarik Suraksha Sanhita, 2023, ensures that the accused receives copies of judgments and related orders in a timely manner, free of cost under specific circumstances. It provides for the accused to obtain certified copies or translations upon request. The section also covers the rights of other persons affected by a judgment to obtain copies of the records, with provisions for special cases, such as the government receiving copies free of cost. Finally, the High Court is empowered to set rules for providing copies to individuals not directly affected by the judgment.
