Section 405 of BNSS, 2023 — Judgment When to Be Translated

Section 405 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the translation of a judgment where the original judgment has been recorded in a language different from the language of the court.

The provision requires the original judgment to be filed with the record of the proceedings. Where the original judgment is recorded in a different language and either party requires it, a translation into the language of the court must be added to the record.

Section 405 is a short but important procedural provision. It promotes accessibility and ensures that parties can obtain a court-language version of a judgment that forms part of the official record.

Meaning of Judgment When to Be Translated

A judgment may, in certain circumstances, be recorded in a language different from the language of the court. Section 405 addresses the procedure to be followed in such a situation.

The section requires two things:

• the original judgment must be filed with the record of the proceedings; and
• where the original judgment is in a language different from that of the court, a translation into the language of the court must be added to the record if either party requires it.

The translation contemplated by Section 405 is specifically into the language of the court.

Statutory Basis

Section 405 of BNSS, 2023

Section 405 provides that the original judgment shall be filed with the record of the proceedings.

Where:

• the original judgment is recorded in a language different from that of the court; and
• either party requires a translation,

a translation of the judgment into the language of the court shall be added to the record.

The provision is contained in Chapter XXIX of BNSS, which deals with judgments.

Object and Purpose

Section 405 serves an important administrative and procedural purpose.

Its objectives include:

• maintaining a complete and intelligible judicial record;
• ensuring that a translation is available in the language of the court when required;
• enabling either party to seek a translation where the original judgment is recorded in a different language;
• facilitating the proper use and understanding of the judicial record; and
• promoting procedural fairness and accessibility.

The provision is concerned with the language of the official court record and the translation required to maintain that record in an appropriate form.

Essential Elements

1. An Original Judgment Must Exist

Section 405 applies to the original judgment delivered in criminal proceedings.

The original judgment must be filed with the record of the proceedings.

2. The Judgment Must Be Recorded in a Language Different from That of the Court

The translation requirement arises where there is a difference between:

• the language in which the original judgment is recorded; and
• the language of the court.

If the original judgment is already recorded in the language of the court, Section 405 does not require a translation under this provision.

3. Either Party Must Require a Translation

A significant feature of Section 405 is that the translation may be required by either party.

Where either party requires the translation and the original judgment is recorded in a language different from that of the court, a translation into the language of the court shall be added to the record.

4. The Translation Must Be Added to the Record

The translation is not merely an informal explanation of the judgment.

Section 405 requires the translation to be added to the official record of the proceedings.

This ensures that the translated judgment forms part of the court record.

Procedure

The procedure under Section 405 may be understood as follows:

1. The original judgment is recorded.
2. The original judgment is filed with the record of the proceedings.
3. It is determined that the judgment is recorded in a language different from that of the court.
4. Either party requires a translation.
5. A translation into the language of the court is prepared.
6. The translation is added to the record of the proceedings.

The statutory requirement arises only when the relevant conditions under Section 405 are satisfied.

Scope of Section 405

Section 405 applies to a situation involving a difference between the language of the original judgment and the language of the court.

The provision does not state that every judgment must automatically be translated into every language understood by the parties. Its specific requirement is that, where the original judgment is recorded in a language different from that of the court and either party so requires, a translation into the language of the court must be added to the record.

This distinction is important. Section 405 should not be confused with the broader provisions concerning the supply of copies of judgments or translations to an accused under Section 404.

Relationship with Section 404 of BNSS

Section 404 deals with the supply of copies of judgments and other records to accused persons and other persons in the circumstances specified by that section.

Section 405 addresses a different matter. It concerns the translation of the original judgment into the language of the court when:

• the original judgment is recorded in another language; and
• either party requires the translation.

Thus, Section 404 concerns access to copies and translations in specified circumstances, whereas Section 405 specifically concerns adding a translation to the record where the language of the original judgment differs from that of the court.

Important Distinctions

Translation Under Section 404 and Translation Under Section 405

Section 404 contains provisions concerning the supply of copies and, in specified circumstances, translations for an accused.

Section 405 deals specifically with the translation of an original judgment that is recorded in a language different from that of the court. The translation under Section 405 is added to the record of the proceedings.

Language of the Judgment and Language of the Court

The language of the judgment is the language in which the original judgment has been recorded.

The language of the court is the language applicable to that court for its official proceedings and records.

Section 405 becomes relevant where these two languages are different.

Translation for a Party and Translation as Part of the Record

A translation may assist a party in understanding or using a judgment.

Under Section 405, however, the statutory requirement is specifically concerned with adding the translation into the language of the court to the official record. The provision therefore serves both an accessibility function and a record-maintenance function.

BNSS and CrPC

Section 405 of the BNSS substantially corresponds to Section 364 of the Code of Criminal Procedure, 1973.

Under Section 364 of the CrPC, where the original judgment was recorded in a language different from that of the court, a translation into the language of the court was required if the accused so required.

Section 405 of BNSS changes this position by replacing the reference to the accused with the broader expression “either party”.

As a result, the right to require a translation under the provision is no longer confined solely to the accused. Either party may require a translation where the statutory conditions are satisfied.

This is the principal change between the corresponding provisions.

Rights of the Parties

Section 405 recognises the right of either party to require a translation into the language of the court where the original judgment has been recorded in a different language.

The provision does not state that the translation must automatically be provided without such a requirement. The statutory mechanism is activated where either party requires the translation.

Constitutional Connection

Section 405 supports broader principles of fairness and meaningful participation in criminal proceedings. The proper maintenance and accessibility of judicial records contribute to the fairness of the criminal justice process.

However, Section 405 is primarily a statutory procedural provision. Its direct function is to regulate the translation of judgments and the inclusion of those translations in the official court record.

Example

A criminal court records an original judgment in a language different from the language of that court.

The original judgment is filed with the record of the proceedings. If either party requires a translation, a translation of the judgment into the language of the court must be added to the record.

The translation therefore becomes part of the official record of the proceedings.

Important BNSS Provisions

Section 393

Section 393 deals with the language and contents of judgments.

Section 404

Section 404 deals with copies of judgments being given to accused persons and other persons, including provisions concerning translations in specified circumstances.

Section 405

Section 405 deals specifically with the translation of an original judgment recorded in a language different from that of the court, where either party requires a translation.

Common Confusions

Is every judgment required to be translated?

No.

Section 405 applies where the original judgment is recorded in a language different from that of the court and either party requires a translation.

Can only the accused require a translation under Section 405?

No.

Under Section 405 of BNSS, either party may require a translation where the statutory conditions are satisfied.

This differs from the corresponding provision under Section 364 of the CrPC, which specifically referred to the accused.

Must the translation be added to the court record?

Yes.

Where Section 405 applies, the translation into the language of the court shall be added to the record of the proceedings.

Is Section 405 the same as the provision for obtaining a copy of a judgment?

No.

Section 404 deals with the supply of copies of judgments and related matters. Section 405 specifically deals with the translation of the original judgment into the language of the court.

Topic at a Glance

• BNSS Section: Section 405.
• Subject: Judgment when to be translated.
• Main rule: The original judgment must be filed with the record of the proceedings.
• Translation requirement: It arises where the original judgment is recorded in a language different from that of the court and either party requires a translation.
• Language of translation: The language of the court.
• Record: The translation must be added to the record of the proceedings.
• Corresponding CrPC provision: Section 364.
• Important BNSS change: The right to require a translation extends to either party rather than only the accused.

Quick Revision

• Section 405 deals with the translation of judgments.
• The original judgment must be filed with the record of the proceedings.
• The provision applies where the original judgment is recorded in a language different from that of the court.
• Either party may require a translation.
• The translation must be into the language of the court.
• The translation must be added to the record.
• Section 405 substantially corresponds to Section 364 of the CrPC.
• Under the CrPC, the provision specifically referred to the accused.
• BNSS broadens the position by allowing either party to require the translation.

ALSO READ: Section 404 – Copy of judgment to be given to accused and other persons

Conclusion

Section 405 of the BNSS, 2023 ensures that where an original criminal judgment is recorded in a language different from that of the court, the official record can be supplemented with a translation into the court’s language when either party requires it. By extending the right to request such a translation to either party, the provision broadens the procedural framework previously contained in the CrPC and promotes greater accessibility to the judicial record.