Section 404 of the Bharatiya Nagarik Suraksha Sanhita, 2023 regulates the supply of copies of judgments, orders and certain records to accused persons and other persons affected by criminal proceedings. The provision is important because access to a judgment enables an accused to understand the decision of the court and, where permitted by law, exercise the right to appeal or pursue another legal remedy.
Section 404 substantially continues the framework contained in Section 363 of the Code of Criminal Procedure, 1973.
Meaning of Copy of Judgment
A copy of a judgment is the official reproduction of the court’s decision. Depending upon the circumstances, Section 404 provides for:
- a copy of the judgment;
- a certified copy of the judgment;
- a translation of the judgment;
- a copy of an order;
- a copy of a deposition; or
- a copy of another part of the record.
The right to receive a copy, the requirement of an application and the question of payment depend upon the category of person and the nature of the case.
Statutory Basis
Section 404 of BNSS, 2023
Section 404 contains six sub-sections dealing with the supply of copies of judgments and other records.
The section covers:
- free copies of judgments to accused persons sentenced to imprisonment;
- certified copies and translations for accused persons;
- free copies in appealable cases;
- special protection where a sentence of death is passed or confirmed;
- copies of orders under Section 136;
- copies for persons affected by judgments or orders;
- copies to the Government on the application of the Prosecuting Officer; and
- rules of the High Court regarding copies for persons not affected by a judgment or order.
Object and Purpose
The primary purpose of Section 404 is to ensure meaningful access to criminal court decisions and records.
A person cannot effectively challenge or understand a judicial decision without access to its contents. The provision therefore supports:
- access to justice;
- the effective exercise of appellate remedies;
- procedural fairness;
- transparency in criminal proceedings; and
- the ability of affected persons to obtain relevant judicial records.
The special provisions relating to imprisonment and death sentences recognise the serious consequences of criminal convictions and the need for prompt access to the judgment.
Essential Provisions of Section 404
1. Free Copy of Judgment Where the Accused Is Sentenced to Imprisonment
When an accused is sentenced to imprisonment, a copy of the judgment must be given to the accused free of cost immediately after the pronouncement of the judgment.
This is a mandatory statutory requirement.
The provision ensures that a person whose liberty is affected by the sentence receives the judgment without having to make a separate application or pay for the copy.
2. Certified Copy or Translation on Application
An accused may apply for a certified copy of the judgment.
Where the accused so desires, a translation may also be provided in the accused’s own language, if practicable, or in the language of the court.
The copy or translation must be given without delay.
Where the judgment is appealable by the accused, the copy must be given free of cost.
3. Special Rule in Cases Involving a Death Sentence
Where a sentence of death is passed or confirmed by the High Court, a certified copy of the judgment must immediately be given to the accused free of cost.
No application is required from the accused in such a case.
This reflects the exceptional seriousness and irreversible nature of a death sentence and ensures that the accused has prompt access to the judicial decision for the purpose of pursuing available legal remedies.
4. Application to Orders Under Section 136
Section 404(3) extends the provisions relating to certified copies and translations to an order under Section 136.
The provisions of Section 404(2) apply to such an order in the same manner as they apply to a judgment that is appealable by the accused.
5. Information About the Period for Filing an Appeal in Death Sentence Cases
When an accused is sentenced to death by any court and an appeal lies from the judgment as of right, the court must inform the accused of the period within which the appeal should be filed if the accused wishes to appeal.
This requirement is particularly significant because the failure to understand the limitation period may affect the ability of the accused to pursue the statutory remedy.
6. Copies for Persons Affected by a Judgment or Order
A person affected by a judgment or order passed by a criminal court may apply for:
- a copy of the judgment or order;
- a deposition; or
- another part of the record.
Except where otherwise provided, such copies are supplied upon application and payment of the prescribed charges.
However, the court may, for special reasons, provide the copy free of cost.
7. Copies for the Government
On an application made by the Prosecuting Officer, the court may provide the Government with a certified copy of:
- a judgment;
- an order;
- a deposition; or
- another part of the record.
Such a copy may be supplied free of cost.
8. Copies for Persons Not Affected by the Judgment or Order
The High Court may make rules regarding the grant of copies of judgments or orders of criminal courts to persons who are not affected by those judgments or orders.
Such copies may be provided:
- on payment of the prescribed fees; and
- subject to the conditions laid down by the High Court.
Procedure
The procedure under Section 404 depends on the nature of the case and the person seeking the copy.
Where the Accused Is Sentenced to Imprisonment
- The court pronounces the judgment.
- The accused is sentenced to imprisonment.
- A copy of the judgment must immediately be given to the accused free of cost.
Where the Accused Requires a Certified Copy or Translation
- The accused makes an application.
- A certified copy of the judgment may be supplied without delay.
- Where requested, a translation may be supplied in the accused’s own language if practicable, or in the language of the court.
- If the judgment is appealable by the accused, the copy must be supplied free of cost.
Where Another Affected Person Requires a Copy
- The affected person makes an application.
- The prescribed charges are ordinarily payable.
- The person may obtain a copy of the judgment, order, deposition or another part of the record.
- The court may provide the copy free of cost for special reasons.
Rights of the Accused
Section 404 provides important procedural protections to an accused person.
Right to a Free Copy After a Sentence of Imprisonment
An accused sentenced to imprisonment must immediately receive a copy of the judgment free of cost.
Right to Apply for a Certified Copy
The accused may apply for a certified copy of the judgment.
Right to a Translation
Where the accused desires a translation, the law permits a translation in the accused’s own language if practicable or in the language of the court.
Right to a Free Copy in Appealable Cases
Where the judgment is appealable by the accused, the relevant copy must be supplied free of cost.
Special Protection in Death Sentence Cases
Where a death sentence is passed or confirmed by the High Court, a certified copy must immediately be supplied free of cost without requiring an application from the accused.
The court must also inform the accused of the period within which an appeal should be filed where an appeal lies as of right.
Important Distinctions
Copy of Judgment and Certified Copy
A copy of a judgment is a reproduction of the judicial decision.
A certified copy is an officially authenticated copy issued through the prescribed court process. Section 404 specifically provides for certified copies in particular circumstances.
Copy of Judgment and Translation of Judgment
A copy reproduces the judgment in its existing language.
A translation renders the contents of the judgment into another language. Under Section 404, an accused may seek a translation in the accused’s own language if practicable or in the language of the court.
Accused Person and Person Affected by a Judgment
An accused is a person against whom criminal proceedings have been brought.
A person affected by a judgment or order may include another person whose legal interests are directly affected by the criminal court’s decision.
The manner in which copies are supplied differs under Section 404 depending upon the category of the person seeking them.
Affected Person and Person Not Affected by the Judgment
A person affected by a judgment or order may apply for copies under Section 404(5), subject to the statutory conditions.
For persons not affected by the judgment or order, Section 404(6) permits the High Court to frame rules regarding the grant of copies, fees and conditions.
BNSS and CrPC
Section 404 of BNSS substantially corresponds to Section 363 of the Code of Criminal Procedure, 1973.
The principal framework has been retained. The provision continues to ensure:
- free copies of judgments for accused persons sentenced to imprisonment;
- access to certified copies and translations;
- special safeguards in cases involving death sentences;
- access to records for affected persons; and
- the power of the High Court to regulate copies for persons not affected by the proceedings.
The change from Section 363 of the CrPC to Section 404 of the BNSS is primarily one of renumbering and statutory reorganisation.
Constitutional Connection
Section 404 is closely connected with the broader requirements of fairness in criminal procedure.
A meaningful opportunity to challenge a conviction or sentence requires access to the reasons recorded by the court. The supply of judgments and certified copies therefore supports the fairness of criminal proceedings and the effective use of statutory appellate remedies.
In cases involving imprisonment or a death sentence, prompt access to the judgment assumes particular importance because the decision directly affects the personal liberty of the accused.
Example
An accused person is convicted and sentenced to three years’ imprisonment. Immediately after the pronouncement of the judgment, the accused must be given a copy of the judgment free of cost under Section 404(1).
If the accused wishes to challenge the conviction in appeal, the accused may seek the appropriate certified copy. Where the judgment is appealable by the accused, the copy is to be supplied free of cost under Section 404(2).
Important BNSS Provisions
Section 404
Section 404 deals with the supply of copies of judgments, orders, depositions and other records to accused persons and other persons.
Section 405
Section 405 deals with the translation of a judgment where the original judgment is recorded in a language different from that of the court and a party requires a translation.
Appeal Provisions Under BNSS
The provisions relating to appeals are relevant because Section 404 facilitates an accused person’s ability to obtain the judgment necessary for pursuing an available appellate remedy.
Common Confusions
Is a copy of the judgment always supplied free of cost?
No.
The circumstances in which a copy must be supplied free of cost are specifically governed by Section 404. For example, an accused sentenced to imprisonment must immediately receive a copy free of cost, and a copy must be supplied free of cost in every case where the judgment is appealable by the accused.
Can an accused ask for a translation of the judgment?
Yes, subject to the statutory conditions.
On application, a translation may be provided in the accused’s own language if practicable or in the language of the court.
Can persons other than the accused obtain copies?
Yes.
A person affected by a judgment or order may apply for a copy under Section 404(5). The High Court may also make rules for granting copies to persons who are not affected by the judgment or order.
Is an application necessary in a death sentence case?
Not in every situation.
Where a sentence of death is passed or confirmed by the High Court, a certified copy of the judgment must immediately be given to the accused free of cost even without an application.
Topic at a Glance
- BNSS Section: Section 404.
- Subject: Copy of judgment to be given to accused and other persons.
- Main purpose: To ensure access to criminal court judgments and records.
- Accused sentenced to imprisonment: Must immediately receive a free copy of the judgment.
- Appealable judgment: The accused is entitled to the relevant copy free of cost.
- Translation: May be provided in the accused’s own language if practicable or in the language of the court.
- Death sentence: A certified copy must immediately be supplied free of cost in the circumstances specified by the section.
- Affected persons: May obtain copies on application and payment of prescribed charges, subject to statutory exceptions.
- Corresponding CrPC provision: Section 363.
Quick Revision
- Section 404 deals with the supply of copies of judgments and other criminal court records.
- An accused sentenced to imprisonment must immediately receive a copy of the judgment free of cost.
- An accused may apply for a certified copy of the judgment.
- A translation may be supplied in the accused’s own language if practicable or in the language of the court.
- In appealable cases, the copy is supplied free of cost to the accused.
- A certified copy must immediately be given free of cost where a death sentence is passed or confirmed by the High Court in the circumstances specified by the section.
- In death sentence cases where an appeal lies as of right, the court must inform the accused about the period for filing the appeal.
- Affected persons may apply for copies of judgments, orders, depositions and other records.
- The High Court may frame rules for providing copies to persons not affected by a judgment or order.
- Section 404 substantially corresponds to Section 363 of the CrPC.
ALSO READ: Section 403 – Court not to alter judgment
Conclusion
Section 404 of the BNSS, 2023 ensures that judgments and relevant criminal court records remain accessible to accused persons and other persons entitled to obtain them. By requiring the prompt and free supply of judgments in important situations, particularly where imprisonment or a death sentence is involved, the provision supports informed decision-making and the effective exercise of legal remedies. It forms an important procedural link between the pronouncement of a criminal judgment and the ability of affected persons to understand and challenge that decision.
