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BNSS Section 402-406

 

402. Special Reasons to be Recorded in Certain Cases

Where the Court could have dealt with an accused person under Section 401 or the Probation of Offenders Act, 1958 (20 of 1958), or a youthful offender under the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016) or any other law for the treatment, training, or rehabilitation of youthful offenders, but has not done so, it is required to record in its judgment the special reasons for not having followed these provisions.

403. Court Not to Alter Judgment

Except as otherwise provided by this Code or any other law in force, no Court shall alter or review its judgment or final order after signing it, unless it is to correct a clerical or arithmetical error.

404. Copy of Judgment to be Given to Accused and Other Persons

  1. Copy to Accused after Sentencing: When the accused is sentenced to imprisonment, a copy of the judgment shall be provided to him immediately after the judgment is pronounced, free of cost.
  2. Certified Copy on Request: Upon the accused's application, a certified copy of the judgment, or a translation in his preferred language (if practicable or in the language of the Court), shall be given without delay. This copy shall be free of cost if the judgment is appealable by the accused.
    • Death Sentence: In cases where a sentence of death is passed or confirmed by the High Court, a certified copy of the judgment shall be immediately provided to the accused, free of cost, regardless of whether the accused applies for it.
  3. Applicability of Section for Orders under Section 136: The provisions of subsection (2) shall apply to orders under Section 136 in the same way as they apply to a judgment that is appealable by the accused.
  4. Death Sentence Appeal Information: When the accused is sentenced to death, and an appeal can be made from such a judgment, the Court must inform the accused of the period within which the appeal must be filed, if he wishes to do so.
  5. Access for Affected Persons: Any person affected by a judgment or order passed by a Criminal Court may, upon application and payment of prescribed charges, obtain a copy of the judgment, order, deposition, or any part of the record.
    • Special Consideration: The Court may, for special reasons, provide the copy free of cost.
    • Government Access: The Court may, upon application by the Prosecuting Officer, provide the Government with a certified copy of the judgment, order, deposition, or record free of charge.
  6. High Court Rules for Access: The High Court may establish rules for granting copies of judgments or orders to persons not affected by them, subject to payment of fees and conditions set by the High Court.

405. Judgment When to be Translated

The original judgment shall be filed with the record of proceedings. If the judgment is written in a language different from the language of the Court, and either party requests it, a translation of the judgment into the language of the Court shall be included in the record.

406. Court of Session to Send Copy of Finding and Sentence to District Magistrate

In cases tried by the Court of Session or a Chief Judicial Magistrate, the Court or Magistrate shall send a copy of the finding and sentence (if any) to the District Magistrate of the local jurisdiction where the trial was held.

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