Sections 364 and 365 CrPC: Translation of Judgment and Copy to District Magistrate

Sections 364 and 365 of the Code of Criminal Procedure, 1973 formed part of Chapter XXVII dealing with judgments. Section 364 dealt with translation of a judgment where the original was recorded in a language different from the language of the Court. Section 365 required the Court of Session or Chief Judicial Magistrate to forward its finding and sentence, if any, to the District Magistrate having local jurisdiction over the place of trial.

Legal position and scope of this page: This article explains the CrPC provisions applicable before implementation of the Bharatiya Nagarik Suraksha Sanhita, 2023. The BNSS came into force on 1 July 2024 and repealed the CrPC subject to its saving and transitional provisions. For current proceedings, the corresponding provisions are Sections 405 and 406 of the BNSS. This page remains relevant for matters governed by the earlier CrPC regime.

Section 364 CrPC - Judgment when to be translated

Statutory rule under Section 364

The original judgment is to be filed with the record of the proceedings. If the original judgment is recorded in a language different from the language of the Court, and the accused requires it, a translation into the language of the Court is to be added to the record.

Meaning and purpose of Section 364

Section 364 concerned preservation and linguistic accessibility of the judgment in the judicial record. The original judgment remained part of the record. Where its language differed from the language of the Court, the accused could require a translation into the Court language to be added to that record.

The original judgment had to remain filed with the proceedings.
The translation requirement arose where the judgment was recorded in a language different from that of the Court.
Under the CrPC wording, the right to require that translation was specifically given to the accused.
The translation was to be added to the record; it did not replace the original judgment.

Section 365 CrPC - Copy of finding and sentence to District Magistrate

Statutory rule under Section 365

In a case tried by a Court of Session or a Chief Judicial Magistrate, the Court or Magistrate, as applicable, is required to forward a copy of the finding and sentence, if any, to the District Magistrate within whose local jurisdiction the trial was held.

Meaning and operation of Section 365

The provision imposed an administrative reporting duty after a trial by the specified criminal courts. The relevant judicial authority had to send the finding and, where a sentence was imposed, the sentence to the District Magistrate of the district having territorial jurisdiction over the place where the trial occurred.

The provision applied to cases tried by a Court of Session or a Chief Judicial Magistrate.
The copy to be forwarded covered the finding and the sentence, if any.
The recipient was the District Magistrate within whose local jurisdiction the trial was held.
The section dealt with forwarding the result of the trial and did not itself create an appellate or review power in the District Magistrate.

Sections 364 and 365 at a glance

Provision	Subject	Main requirement
Section 364 CrPC	Judgment when to be translated	Keep the original judgment on record and, where the statutory conditions are met and the accused requires it, add a translation in the language of the Court.
Section 365 CrPC	Finding and sentence to District Magistrate	Specified trial courts forward a copy of the finding and sentence, if any, to the District Magistrate having local jurisdiction over the place of trial.

Corresponding provisions under BNSS, 2023

For the post-1 July 2024 statutory framework, Section 405 BNSS corresponds to Section 364 CrPC and Section 406 BNSS corresponds to Section 365 CrPC. Section 405 changes an important part of the earlier wording: where the judgment is recorded in a language different from that of the Court, a translation may be required by either party, whereas Section 364 CrPC referred to the accused. Section 406 substantially carries forward the rule contained in Section 365 CrPC.

For the official pre-BNSS text, see the Code of Criminal Procedure, 1973 on India Code. Readers dealing with proceedings after 1 July 2024 should also consult the applicable BNSS provisions and the saving clause before deciding which procedural law governs the matter.

Related CrPC provisions

Sections 364 and 365 followed the provisions concerning copies of judgments and preceded Chapter XXVIII of the CrPC on submission of death sentences for confirmation. Related provisions on this website are linked in the sidebar for convenient navigation.

Note: This page is a general legal information resource. The procedural law applicable to a particular criminal case may depend on the date and stage of the proceeding and the statutory saving provisions.