Introduction:
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), like the Criminal Procedure Code, 1973 lays down provisions for the pronouncement of judgments. This article will focus the key aspects and procedures related to judgments under the BNSS.
Pronouncement of Judgment:
Section 392 of the BNSS outlines the timeline for pronouncing judgments in criminal trials.
The presiding officer in a Criminal Court of original jurisdiction must deliver the judgment immediately after the trial's termination or within forty-five days, with notice to the parties.
The judgment can be delivered by delivering the whole content, reading out the entire judgment, or reading out the operative part and explaining the substance in a language understood by the accused or their advocate.
Recording and Documentation:
When the judgment is delivered, Section 392(2) requires the presiding officer to have it taken down in shorthand if delivered by delivering the whole judgment.
This transcript must be signed, dated, and every page endorsed. If the judgment or its operative part is read out, it needs to be dated, signed, and, if not written by the presiding officer, every page must bear their signature.
Accessibility and Transparency:
To ensure accessibility, Section 392(4) mandates that a copy of the entire judgment or its immediate availability must be provided to the parties or their advocates free of cost.
There is also a provision encouraging the court to upload the copy of the judgment on its portal within seven days from the date of judgment.
Accused's Presence and Notification:
Sections 392(5) and (6) address the accused's presence during judgment pronouncement. If in custody, the accused must be brought up to hear the judgment either in person or through audio-video electronic means. If not in custody, attendance is generally required, except in specific circumstances.
Special Provisions and Non-Invalidation:
Section 392(7) asserts that the absence of any party or their advocate on the day or place notified for judgment delivery does not invalidate the judgment. It emphasizes that the judgment remains valid despite such absence, ensuring that procedural nuances do not compromise the validity of the court's decision.
Judgment Contents and Formalities:
Section 393 of the BNSS details the essential components of a judgment under the BNSS. Every judgment must be written in the language of the court and contain points for determination, decision, reasons, and specifics about the offense, section, and punishment. If the conviction is for an offense punishable with death, special reasons for such sentence must be stated.
Section 394 of the BNSS mandates that the State Government, in coordination with the Central Government, prepares a scheme to provide funds for compensating victims or their dependents who have suffered loss or injury due to the crime and require rehabilitation.
Compensation to Victims:
Section 395 of the BNSS talks about the provision of compensating victims using fines imposed as part of sentences. The court may order the fine recovery to be applied towards defraying prosecution expenses, compensating the victim for loss or injury, or paying compensation to those entitled under the Fatal Accidents Act, 1855, in cases of offenses leading to death.
Treatment of Victims:
Section 397 of the BNSS emphasizes the immediate provision of first-aid or medical treatment to victims by all hospitals, public or private, free of cost.
Victim Compensation Scheme:
Section 398 of the BNSS mandates that every State Government prepares and notifies a Witness Protection Scheme, recognizing the need to protect the witnesses who come forward to testify.
Compensation for Wrongful Arrest:
Section 399 of BNSS introduces a mechanism to address wrongful arrests. If a person is arrested without sufficient grounds, the court may award compensation to the wrongfully arrested individual, not exceeding one thousand rupees.
Costs in Non-Cognizable Cases:
Section 400 of BNSS allows a court dealing with non-cognizable offenses to order the accused to pay costs to the complainant, covering various expenses incurred during the prosecution. In case of default, the accused may face simple imprisonment for a period not exceeding 30 days.
Release on Probation and Other Alternatives:
Section 401 of BNSS provides the court with discretion to release offenders on probation of good conduct or after admonition under specific circumstances.
Record of Special Reasons:
Section 402 of the BNSS requires the court to record special reasons if it chooses not to deal with an accused person under probationary provisions or applicable juvenile justice laws.
Limitations on Alteration of Judgment:
Section 403 of BNSS imposes limitations on altering or reviewing judgments once signed, restricting such alterations to correcting clerical or arithmetical errors. This ensures the finality and stability of judgments.
Filing and Forwarding of Judgments:
Sections 405 and 406 of BNSS detail the procedural aspects of judgment documentation. The original judgment is filed with the record of proceedings, and if recorded in a different language, a translation is added. In cases tried by higher courts, copies of findings and sentences are forwarded to the District Magistrate for documentation and coordination.
Frequently Asked Questions (FAQs) on Judgment Pronouncement under BNSS:
1. What is the timeline for pronouncing judgments under BNSS?
According to Section 392 of BNSS, judgments in criminal trials must be pronounced immediately after the trial's termination or within forty-five days, with notice to the parties.
2. How can the judgment be delivered under BNSS?
The presiding officer can deliver the judgment by delivering the whole content, reading out the entire judgment, or reading out the operative part and explaining the substance in a language understood by the accused or their advocate.
3. What are the recording requirements for judgments delivered in Criminal Courts?
Section 392(2) mandates that if the judgment is delivered by delivering the whole content, it must be taken down in shorthand and signed by the presiding officer.
4. Is there a provision for providing judgments to the accused and other parties?
Yes, Section 404 ensures that when an accused is sentenced to imprisonment, a copy of the judgment shall be given to them immediately after the pronouncement of the judgment.
5. Are there provisions for compensating victims under BNSS?
Yes, Section 394 and Section 395 of BNSS address compensation for victims. Section 394 mandates the preparation of a scheme for compensating victims, while Section 395 allows fines to be applied towards compensating victims for loss or injury.
6. What steps are taken for the immediate treatment of victims under BNSS?
Section 397 requires all hospitals, public or private, to provide immediate first-aid or medical treatment, free of cost, to victims of specific offenses.
7. How does BNSS address the protection of witnesses?
Section 398 mandates that every State Government prepares and notifies a Witness Protection Scheme to ensure the safety of witnesses.
8. Is there compensation for wrongful arrest under BNSS?
Yes, Section 399 introduces a mechanism to address wrongful arrests, allowing the court to award compensation to the wrongfully arrested individual.
9. Can an accused be released on probation under BNSS?
Yes, Section 401 provides the court with the discretion to release offenders on probation of good conduct or after admonition under specific circumstances.
10. What are the limitations on altering or reviewing judgments under BNSS?
Section 403 of BNSS imposes limitations on altering or reviewing judgments once signed, restricting such alterations to correcting clerical or arithmetical errors.
Rules for judgement pronouncement under BNSS (Bharatiya Nagarik Suraksha Sanhita)
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