Bharatiya Nagarik Suraksha Sanhita, 2023
Section 393 BNSS: Language and Contents of Judgment
Section 393 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) prescribes the essential form and contents of specified criminal judgments. It requires a judgment to state the points for determination, the decision on those points and the reasons for the decision, while also laying down additional requirements for convictions, acquittals and sentencing.
What Section 393 BNSS requires
- The judgment must be written in the language of the Court.
- It must identify the point or points for determination, record the decision and give reasons.
- A conviction judgment must specify the offence, the applicable provision and the punishment.
- An acquittal judgment must state the offence of which the accused is acquitted and direct that the accused be set at liberty.
- Special reasons are required where a death sentence is imposed.
- Reasons are also required in certain cases where a sentence of less than three months is imposed despite the offence carrying imprisonment of one year or more.
Section 393 BNSS - statutory text
393. (1) Except as otherwise expressly provided by this Sanhita, every judgment referred to in section 392,-
(a) shall be written in the language of the Court;
(b) shall contain the point or points for determination, the decision thereon and the reasons for the decision;
(c) shall specify the offence (if any) of which, and the section of the Bharatiya Nyaya Sanhita, 2023 or other law under which, the accused is convicted, and the punishment to which he is sentenced;
(d) if it be a judgment of acquittal, shall state the offence of which the accused is acquitted and direct that he be set at liberty.
(2) When the conviction is under the Bharatiya Nyaya Sanhita, 2023 and it is doubtful under which of two sections, or under which of two parts of the same section, of that Sanhita the offence falls, the Court shall distinctly express the same, and pass judgment in the alternative.
(3) When the conviction is for an offence punishable with death or, in the alternative, with imprisonment for life or imprisonment for a term of years, the judgment shall state the reasons for the sentence awarded, and, in the case of sentence of death, the special reasons for such sentence.
(4) When the conviction is for an offence punishable with imprisonment for a term of one year or more, but the Court imposes a sentence of imprisonment for a term of less than three months, it shall record its reasons for awarding such sentence, unless the sentence is one of imprisonment till the rising of the Court or unless the case was tried summarily under the provisions of this Sanhita.
(5) When any person is sentenced to death, the sentence shall direct that he be hanged by the neck till he is dead.
(6) Every order under section 136 or sub-section (2) of section 157 and every final order made under section 144, section 164 or section 166 shall contain the point or points for determination, the decision thereon and the reasons for the decision.
Clause-wise explanation of Section 393
| Provision | Requirement |
|---|---|
| Section 393(1)(a) | The judgment must be written in the language of the Court. |
| Section 393(1)(b) | The Court must identify the issues requiring determination, decide them and give reasons. This makes the reasoning process visible from the judgment itself. |
| Section 393(1)(c) | Where there is a conviction, the judgment must state the offence, the relevant provision of the Bharatiya Nyaya Sanhita, 2023 or other applicable law, and the punishment imposed. |
| Section 393(1)(d) | Where there is an acquittal, the judgment must identify the offence from which the accused is acquitted and direct release. |
| Section 393(2) | If there is doubt between two BNS provisions or two parts of the same provision, the Court must clearly record the doubt and may pass judgment in the alternative. |
| Section 393(3) | The Court must give reasons for the sentence in serious offences covered by the provision, and special reasons where the death penalty is imposed. |
| Section 393(4) | If an offence carries imprisonment of one year or more but the Court awards less than three months, reasons must ordinarily be recorded, subject to the statutory exceptions. |
| Section 393(5) | The provision specifies the form of the death sentence direction. |
| Section 393(6) | Specified orders under sections 136, 157(2), 144, 164 and 166 must also state the points for determination, decision and reasons. |
Why reasons in a criminal judgment matter
Section 393 makes a reasoned decision an express statutory requirement. A properly structured judgment should enable the parties and a reviewing court to understand what issues were considered, how those issues were decided and why the Court reached its conclusion.
Related BNSS provisions
Section 393 operates with Section 392 BNSS on judgment. The surrounding provisions deal with matters connected with judgments, post-conviction orders, compensation and victim-related measures.
Note: This page is intended as a statutory reference and general legal information. For an individual case, the applicable facts, transitional provisions and judicial decisions should also be examined.