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Section 392: Judgment - THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

 

Section 392: Judgment

1. Pronouncement of Judgment

The judgment in every trial before a Criminal Court of original jurisdiction must be pronounced in open Court by the presiding officer either immediately after the trial concludes or within a maximum of forty-five days. Notice of the pronouncement date shall be provided to the parties or their advocates. The judgment may be pronounced by:
(a) Delivering the entire judgment,
(b) Reading out the entire judgment, or
(c) Reading out the operative part and explaining the substance of the judgment in a language understood by the accused or their advocate.

2. Documentation of Judgment

If the judgment is delivered as per clause (a) of sub-section (1):

  • It shall be recorded in shorthand.
  • The presiding officer must sign every page of the transcript and indicate the date of delivery in open Court.

3. Signing and Dating the Judgment

When the judgment or operative part is read out as per clause (b) or (c) of sub-section (1):

  • It must be dated and signed in open Court.
  • If not written by the presiding officer, each page must be signed by them.

4. Access to Judgment

In cases where the judgment is pronounced under clause (c) of sub-section (1):

  • A complete judgment or a copy must be made available to the parties or their advocates immediately and free of cost.
  • The Court should upload a copy of the judgment on its portal within seven days, as far as practicable.

5. Presence of Accused

  • If the accused is in custody, they shall be brought to hear the judgment in person or via audio-video means.
  • If the accused is not in custody, they must attend the pronouncement, unless personal attendance was waived, and the sentence is only a fine or results in acquittal.
  • If multiple accused persons are involved and some are absent, the presiding officer may pronounce the judgment in their absence to avoid delays.

6. Validity of Judgment

No judgment shall be deemed invalid solely due to:

  • The absence of any party or their advocate at the time and place of delivery, or
  • Defects or omissions in serving notice regarding the pronouncement of the judgment.

7. Section 511

Nothing in this section limits the application of section 511.

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