A Court of Words
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has brought significant reforms to the Indian criminal justice system, replacing the earlier Code of Criminal Procedure, 1973 (CrPC). Among its key provisions is the codification of procedures for delivering judgments in criminal cases. Judgments represent the culmination of the judicial process, reflecting the application of law to the facts and evidence presented during the trial. The BNSS outlines comprehensive guidelines for delivering and interpreting judgments to ensure clarity, fairness and accountability in the administration of justice. This article delves into the important provisions related to judgments under the BNSS, shedding light on their procedural and substantive implications for the accused, victims and society at large.
How should judgments be pronounced in a Criminal Court of original jurisdiction?
Judgments in a Criminal Court of original jurisdiction should be pronounced in open Court by the presiding officer immediately after the trial ends or within forty-five days after giving notice to the parties or their advocates. The methods include:
- Delivering the whole judgment.
- Reading out the whole judgment.
- Reading out the operative part of the judgment and explaining its substance in a language understood by the accused or their advocate.
What should the presiding officer do if the judgment is delivered by delivering the whole judgment?
The presiding officer must ensure it is taken down in shorthand, sign the transcript, and every page of it, and record the date of delivery of the judgment in open Court.
What must be done when the judgment or operative part is read out?
The judgment must be dated and signed by the presiding officer in open Court, and every page must be signed if it is not handwritten by the officer.
What happens if the judgment is pronounced by explaining its substance?
A copy of the full judgment must be immediately provided to the parties or their advocates free of cost, and it should, if practicable, be uploaded to the Court portal within seven days.
How is the accused brought to hear the judgment?
- If the accused is in custody, they should be present in person or through audio-video electronic means.
- If the accused is not in custody, they must attend unless excused due to certain circumstances like acquittal or a fine-only sentence.
What happens if one or more accused persons are absent during judgment pronouncement?
The judgment can be pronounced in their absence to avoid undue delay in disposing of the case.
Can a judgment be deemed invalid if parties or their advocates are absent during its delivery?
No, a judgment will not be invalid solely due to the absence of any party or their advocate or a defect in the notice.
What does the Yakub Abdul Razak Memon case clarify about a judgment?
A judgment is complete only after determining the sentence. It involves deciding guilt and sentencing, where applicable.
What language must judgments be written in?
Judgments must be written in the language of the Court.
What should a judgment contain?
A judgment must include:
- Points for determination and decisions on them.
- Reasons for the decisions.
- Offence details, conviction sections, and punishments (if applicable).
- In acquittal cases, the offence and directive to set the accused at liberty.
What must a judgment state in cases of alternative conviction?
It should clearly express doubt and pass judgment in the alternative.
What must judgments state in cases of death or life imprisonment?
Reasons for the sentence and special reasons in case of a death sentence.
When must reasons be recorded for shorter sentences?
When the conviction is for an offence punishable by over a year, but the sentence imposed is less than three months.
What method of execution is prescribed for a death sentence?
Death by hanging until dead.
What does the Shatrughan Chauhan case say about hanging as a method of execution?
It is not violative of Article 21 and ensures a just and reasonable procedure.
When can a Court order an offender’s residence to be notified?
If a person convicted of an offence punishable by three years or more is convicted again for such an offence by a higher Court.
What happens if the conviction is set aside?
The notification order becomes void.
Who can make rules for notifying residences of released convicts?
The State Government, through notifications.
When can the Court order fine recovery for compensation?
While imposing a fine, the Court can order it to be used for prosecution expenses, loss or injury compensation, or for compensating bona fide purchasers of stolen property.
Can compensation be paid if an appeal is filed?
No payment is made until the appeal period ends or the appeal is decided.
Can the Court order compensation even when no fine is imposed?
Yes, the Court may order the accused to pay compensation directly for loss or injury caused by their act.
What is the purpose of the victim compensation scheme?
To provide funds for compensating victims or dependents requiring rehabilitation.
Who decides the compensation amount?
The District or State Legal Services Authority.
What is required of hospitals in treating victims of specific offences?
Hospitals must provide immediate free first-aid or medical treatment and inform the police of the incident.
What must every State Government prepare?
A Witness Protection Scheme to ensure witness protection.
When can a Magistrate award compensation for groundless arrest?
If it is proven there was no sufficient ground for the arrest.
What is the maximum compensation?
Up to one thousand rupees per person.
When can a Court order payment of prosecution costs in non-cognizable cases?
If the accused is convicted.
When can an offender be released on probation of good conduct?
For offences punishable with fine or imprisonment under seven years, or if the offender is a woman or under 21.
Can a Court alter its judgment after signing it?
No, unless permitted under the BNSS or other laws.
When must a free copy of the judgment be given to the accused?
A free copy of the judgment must be given to the accused:
- Immediately after delivery of the judgment.
- In the case of capital punishment, the copy must be provided immediately after delivery of the judgment, regardless of whether it was requested.
Who else can request a copy of the judgment?
Copies of the judgment may be provided to any person upon payment of a prescribed fee, as per rules.
What must the judgment in a conviction case specify?
The judgment in a conviction case must specify:
- The offence for which the accused is convicted.
- The punishment to which the accused is sentenced.
What if a sentence of imprisonment is imposed?
The judgment should specify whether the sentences shall run concurrently or consecutively.
When must the Court take evidence of a previous conviction or acquittal?
Before passing judgment, the Court must take evidence of:
- Any previous convictions for which enhanced punishment is prescribed.
- Any previous acquittals relevant to the case.
How must such evidence be recorded?
Evidence regarding previous convictions or acquittals should be recorded in accordance with the rules and procedures laid down in the BNSS.
Therefore, the provisions relating to judgments under the Bharatiya Nagarik Suraksha Sanhita, 2023, signify a progressive step toward a more transparent and efficient judicial system. By addressing essential aspects such as the format, timing, and accessibility of judgments, the BNSS ensures that the principles of natural justice are upheld. These reforms emphasize accountability while balancing the rights of all parties involved in the trial process. As the new legal framework gains momentum, its impact on enhancing the credibility and effectiveness of India’s criminal justice system is poised to be profound. The BNSS not only aims to streamline procedural justice but also reaffirms the judiciary’s commitment to delivering fair and equitable outcomes.
Muneeb Rashid Malik is an Advocate practicing before the Hon’ble Supreme Court of India, Hon’ble High Court of Delhi and Hon’ble High Court of Jammu & Kashmir and Ladakh. He is the Legal Advisor to Kashmir Uzma. He tweets @muneebmalikrash.