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Section 393: Language and Contents of Judgment (BNSS 2023)

 

1. Language of Judgment

Except where expressly provided otherwise by this Sanhita, every judgment referred to in Section 392:
(a) Shall be written in the language of the Court.

2. Structure and Content

The judgment must include:
(b) The point or points for determination, the decision on each point, and the reasons for the decision.
(c) The specific offence (if any) of which the accused is convicted, the section of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) or other law under which the conviction is made, and the punishment imposed.
(d) In the case of acquittal, it must state the offence of which the accused is acquitted and direct that the accused be set at liberty.

3. Doubtful Conviction

If the conviction involves uncertainty about which of two sections or parts of the same section of the Bharatiya Nyaya Sanhita, 2023 applies, the Court must:

  • Clearly express the doubt, and
  • Pass judgment in the alternative.

4. Sentencing with Special Reasons

  • For offences punishable by death or imprisonment for life or a term of years, the judgment must include reasons for the sentence.
  • In cases of a death sentence, special reasons must be provided for imposing this punishment.

5. Imprisonment for Less than Three Months

  • If the offence is punishable by imprisonment of one year or more but the sentence is less than three months, the Court must record the reasons for awarding a lesser sentence.
  • This requirement does not apply if the sentence is imprisonment until the rising of the Court or if the trial was conducted summarily.

6. Death Sentence

If a person is sentenced to death, the judgment must direct that the individual be "hanged by the neck till he is dead."

7. Orders in Specific Cases

Every order under:

  • Section 136,
  • Sub-section (2) of Section 157,
  • Final orders under Sections 144, 164, or 166,
    Must contain the point or points for determination, the decision thereon, and the reasons for the decision.

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