Section 393 of BNSS, 2023 — Language and Contents of Judgment

Introduction

Section 393 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the language and contents of a criminal judgment.

The provision ensures that a judgment is properly structured, contains the necessary particulars, records the Court’s reasons and conclusions, and is communicated in a manner that enables the accused and other concerned persons to understand the decision.

A judgment is not merely the final result of a criminal trial. It must disclose the issues considered by the Court, the decision on those issues and the reasons supporting the decision.

Meaning of Section 393

Section 393 prescribes what a judgment should contain and provides requirements concerning the language in which it is prepared.

The judgment should clearly communicate:

• the questions that arise for determination;
• the decision of the Court on those questions;
• the reasons for the decision;
• the offence, where the accused is convicted;
• the punishment imposed, where applicable; and
• the legal basis for the decision.

The provision therefore promotes clarity, transparency and accountability in criminal adjudication.

Object and Purpose

The main objectives of Section 393 are:

• to ensure that criminal judgments are reasoned;
• to identify clearly the issues requiring determination;
• to record the Court’s findings;
• to explain the reasons for those findings;
• to specify the offence and punishment in cases of conviction;
• to enable the accused to understand the decision; and
• to facilitate appellate or revisional scrutiny.

A properly reasoned judgment also helps ensure that the Court has considered the relevant evidence and legal issues before reaching its conclusion.

Language of the Judgment

Section 393 provides that every judgment contemplated by the provision shall be written in the language of the Court.

The language requirement ensures consistency with the language ordinarily used in the relevant Court and judicial system.

Where necessary, the substance of the judgment must also be communicated to the accused in a manner that enables the accused to understand the decision.

Contents of a Judgment

A judgment should contain the essential particulars necessary for understanding the case and the Court’s determination.

1. Points for Determination

The judgment should identify the questions or points that arise for determination.

These points represent the essential issues that the Court must decide in order to determine the criminal case.

2. Decision on Those Points

The judgment must state the Court’s decision on the points identified for determination.

The Court should make its findings clear rather than leaving the outcome uncertain or ambiguous.

3. Reasons for the Decision

The judgment must provide reasons supporting the Court’s conclusions.

The reasons demonstrate how the Court has evaluated the evidence and applied the law.

This is particularly important in criminal cases because a conviction directly affects the liberty and legal rights of the accused.

4. Finding of Guilt or Innocence

The judgment must make clear whether the accused has been:

• acquitted; or
• convicted.

Where there are multiple accused persons or multiple charges, the findings should clearly identify the position concerning each relevant accused and offence.

5. Offence of Conviction

Where the accused is convicted, the judgment must specify the offence of which the accused has been convicted.

This is important because the conviction must correspond to an offence established under law.

6. Sentence

Where the accused is convicted and sentenced, the judgment must specify the punishment imposed.

The sentence should be clearly stated so that there is no uncertainty regarding the legal consequence of the conviction.

Special Requirement in Cases Involving Death Sentence

Section 393 contains an important requirement concerning a sentence of death.

Where the Court imposes a sentence of death, the judgment must state the reasons for awarding the sentence.

The judgment must also state the special reasons for imposing the death penalty.

This requirement ensures particularly careful judicial consideration before the most severe punishment known to criminal law is imposed.

Judgment in Cases of Acquittal

Where the accused is acquitted, the judgment must clearly record the finding of acquittal.

The reasons supporting the acquittal should also be stated.

This allows the parties and any appellate Court to understand why the prosecution failed to establish the case against the accused.

Judgment in Cases of Conviction

Where the accused is convicted, the judgment should clearly establish:

• the offence proved;
• the findings of the Court;
• the reasons supporting those findings; and
• the sentence imposed.

The Court’s reasoning should establish the connection between the evidence, the applicable law and the ultimate finding of guilt.

Importance of Reasons

The requirement to provide reasons is one of the most important features of a judicial judgment.

Reasons:

• demonstrate application of judicial mind;
• enable the accused to understand why the Court reached its conclusion;
• facilitate appellate review;
• promote transparency; and
• reduce the possibility of arbitrary decision-making.

A judgment should therefore not merely state “convicted” or “acquitted” without explaining the basis of the decision.

Judgment in Multiple-Offence Cases

Where an accused faces several charges, the judgment should clearly indicate the Court’s finding regarding each relevant offence.

The Court should distinguish between:

• charges proved;
• charges not proved;
• convictions; and
• acquittals.

This prevents uncertainty regarding the precise outcome of the trial.

Judgment in Cases Involving Multiple Accused

Where several accused persons are tried together, the judgment should clearly identify the findings applicable to each accused.

One accused may be convicted while another may be acquitted.

The reasoning should therefore make clear how the evidence and findings apply to each accused.

Communication of the Judgment

The judgment must be communicated in accordance with the statutory requirements.

Where necessary, the substance of the judgment should be explained to the accused in a language understood by the accused.

This is particularly important because an accused must be able to understand:

• whether they have been convicted or acquitted;
• the offence involved;
• the sentence imposed, if any; and
• the consequences of the decision.

Copy of Judgment

The statutory framework also provides for furnishing copies of the judgment to the concerned persons in accordance with law.

This is important for the exercise of legal remedies such as appeal or revision.

The availability of the judgment allows the accused and other parties to examine the Court’s reasoning and determine whether further proceedings are appropriate.

Effect of the Judgment

A judgment represents the formal determination of the criminal proceeding.

Once pronounced and duly recorded, it becomes the basis for:

• enforcement of the sentence, where applicable;
• release following acquittal, where applicable; and
• exercise of appellate or revisional jurisdiction.

The judgment therefore performs both a judicial and procedural function.

Example

Hypothetical example:

Suppose an accused is charged with an offence punishable under substantive criminal law.

After considering the evidence, the Court identifies the issues requiring determination, evaluates the prosecution and defence evidence, and records findings on each issue.

If the prosecution proves the offence beyond the required standard, the Court records a conviction, identifies the offence and imposes the appropriate sentence.

If the evidence is insufficient, the Court records an acquittal and provides reasons explaining why the prosecution has failed to establish the case.

If the Court imposes a death sentence, the judgment must additionally record the reasons and special reasons for imposing that sentence.

Relationship Between Sections 392 and 393

Sections 392 and 393 should be read together.

Section 392 — Judgment

Section 392 primarily deals with the pronouncement of judgment.

Section 393 — Language and Contents of Judgment

Section 393 deals with the language and substantive contents of the judgment.

In simple terms:

Section 392 → How the judgment is pronounced

Section 393 → What the judgment contains and the language in which it is prepared

Together, these provisions establish the framework for a valid and properly communicated criminal judgment.

BNSS and CrPC

Section 393 of the BNSS corresponds broadly to Section 354 of the Code of Criminal Procedure, 1973.

The earlier CrPC provision dealt with the language and contents of judgments, including the requirements concerning:

• points for determination;
• the decision on those points;
• reasons for the decision;
• the offence of which the accused is convicted;
• the sentence imposed; and
• special reasons in cases involving the death penalty.

The BNSS retains these core principles under Section 393.

Important Distinctions

Judgment vs Reasons

The judgment is the formal judicial decision.

Reasons explain the basis upon which the Court reaches that decision.

Both are essential components of a properly reasoned judgment.

Conviction vs Sentence

A conviction determines that the accused is guilty of an offence.

The sentence determines the punishment imposed following that conviction.

Section 393 requires the judgment to clearly state the relevant particulars.

Ordinary Sentence vs Death Sentence

In every conviction, the judgment must state the relevant sentence.

In a case where the death penalty is imposed, the Court must additionally provide reasons and special reasons for awarding that sentence.

Important BNSS Provisions

• Section 390: Appeals from convictions under Sections 383, 384, 388 and 389.
• Section 391: Certain Judges and Magistrates not to try certain offences when committed before themselves.
• Section 392: Judgment.
• Section 393: Language and contents of judgment.
• Section 394: Order for notifying address of previously convicted offender.
• Section 395: Compensation to victims.
• Section 396: Victim compensation scheme.
• Section 397: Treatment of victims.
• Section 398: Witness protection scheme.

Topic at a Glance

• BNSS Section: Section 393
• Subject: Language and contents of judgment
• Language: Language of the Court
• Core contents: Points for determination, decision and reasons
• Conviction: Offence and sentence must be specified
• Death penalty: Reasons and special reasons must be stated
• Purpose: Clarity, transparency and appellate scrutiny
• Corresponding CrPC provision: Section 354

Quick Revision

• Section 393 deals with the language and contents of a criminal judgment.
• The judgment must clearly identify the points for determination.
• The Court must state its decision on those points.
• Reasons supporting the decision must be provided.
• In a conviction, the offence must be specified.
• The sentence imposed must be stated.
• In a death sentence case, reasons and special reasons for awarding the death penalty must be recorded.
• The judgment must be prepared in the language of the Court.
• The substance of the decision must be communicated to the accused as required by law.
• Section 393 corresponds broadly to Section 354 of the CrPC.
• Section 392 deals primarily with the pronouncement of judgment, while Section 393 deals with its language and contents.

ALSO READ: Section 391 – Certain Judges and Magistrates not to try certain offences when committed before themselves

Conclusion

Section 393 of the BNSS ensures that a criminal judgment is clear, reasoned and properly structured. By requiring the Court to identify the points for determination, record its conclusions and provide reasons, the provision promotes transparency and accountability in criminal adjudication. Its special requirement for recording reasons and special reasons in cases involving the death penalty reflects the heightened judicial scrutiny required when imposing the most severe punishment.