Section 404 BNSS: Copy of Judgment to Be Given to Accused and Other Persons

Section 404 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) governs the supply of copies of criminal court judgments and certain related records. It protects an accused person's access to the judgment, requires a free copy in specified situations, provides for a certified copy or translation on application, and also permits other affected persons to obtain copies subject to the applicable rules and charges.

Current law: The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act 46 of 2023 and came into force on 1 July 2024. Section 404 is the provision dealing with copies of judgments for accused persons and others.

Text of Section 404 BNSS, 2023

404. Copy of judgment to be given to accused and other persons.

(1) When the accused is sentenced to imprisonment, a copy of the judgment shall, immediately after the pronouncement of the judgment, be given to him free of cost.

(2) On the application of the accused, a certified copy of the judgment, or when he so desires, a translation in his own language if practicable or in the language of the Court, shall be given to him without delay, and such copy shall, in every case where the judgment is appealable by the accused, be given free of cost:

Provided that where a sentence of death is passed or confirmed by the High Court, a certified copy of the judgment shall be immediately given to the accused free of cost whether or not he applies for the same.

(3) The provisions of sub-section (2) shall apply in relation to an order under section 136 as they apply in relation to a judgment which is appealable by the accused.

(4) When the accused is sentenced to death by any Court and an appeal lies from such judgment as of right, the Court shall inform him of the period within which, if he wishes to appeal, his appeal should be preferred.

(5) Save as otherwise provided in sub-section (2), any person affected by a judgment or order passed by a Criminal Court shall, on an application made in this behalf and on payment of the prescribed charges, be given a copy of such judgment or order or of any deposition or other part of the record:

Provided that the Court may, if it thinks fit for some special reason, give it to him free of cost:

Provided further that the Court may, on an application made in this behalf by the Prosecuting Officer, provide to the Government, free of cost, a certified copy of such judgment, order, deposition or record.

(6) The High Court may, by rules, provide for the grant of copies of any judgment or order of a Criminal Court to any person who is not affected by a judgment or order, on payment, by such person, of such fees, and subject to such conditions, as the High Court may, by such rules, provide.

Meaning and Scope of Section 404 BNSS

Section 404 creates separate rules depending on who seeks the copy and the nature of the judgment or order. Its central purpose is to ensure that an accused person can promptly know the reasons for conviction or sentence and can effectively exercise any available right of appeal or other remedy.

Accused sentenced to imprisonment: A copy of the judgment must be supplied immediately after pronouncement and free of cost.
Certified copy or translation: On the accused's application, a certified copy must be given without delay. A translation may also be supplied in the accused's own language, if practicable, or in the language of the Court.
Appealable judgment: Where the judgment is appealable by the accused, the copy contemplated by sub-section (2) must be supplied free of cost.
Death sentence: If a death sentence is passed or confirmed by the High Court, the certified copy must be supplied immediately and free of cost even without an application.
Order under Section 136: The copy-related protection in sub-section (2) also applies to an order under Section 136 BNSS concerning an order to give security.
Other affected persons: A person affected by a criminal court judgment or order may apply for copies of the judgment, order, deposition, or other part of the record on payment of prescribed charges, subject to the stated exceptions.
Persons not affected by the case: Their entitlement depends on rules framed by the relevant High Court, including prescribed fees and conditions.

Free Copy of Judgment to an Accused

Sub-section (1) imposes an immediate duty where the accused is sentenced to imprisonment. The judgment copy is not dependent on a separate copying application and no copying fee is payable for that copy.

Sub-section (2) separately permits the accused to apply for a certified copy. If the judgment is appealable by the accused, the certified copy must be supplied free of cost. The provision also recognizes the accused's need for a translation, where practicable, so that the judgment can be understood and an effective remedy can be pursued.

Death Sentence and Information About Appeal

Section 404 gives additional protection in death sentence cases. A certified copy of a judgment passing or confirming a death sentence must be supplied immediately and free of cost even if the accused has not applied for it. Where an appeal lies as of right against a death sentence, the Court must also inform the accused of the period within which the appeal should be filed.

Section 404(3) and Section 136 BNSS

Section 404(3) extends the benefit of sub-section (2) to an order under Section 136 BNSS. Section 136 deals with an order directing a person to execute a bond or bail bond for keeping the peace or maintaining good behaviour after the prescribed inquiry.

Copies for Other Persons Affected by a Criminal Court Order

Under Section 404(5), a person affected by a criminal court judgment or order may apply for a copy of the judgment, order, deposition, or another part of the record. Ordinarily, the prescribed copying charges are payable. The Court may, for a special reason, supply the copy free of cost.

The same sub-section also permits the Court, on an application by the Prosecuting Officer, to provide the Government with a certified copy of the relevant judgment, order, deposition, or record free of cost.

Copies for Persons Not Directly Affected

Section 404(6) authorizes the High Court to make rules governing supply of criminal court judgments or orders to persons who are not affected by the judgment or order. Such access is therefore subject to the fees and conditions prescribed in the applicable High Court rules.

How to Obtain a Certified Copy

Identify the criminal court, case number, parties, date of judgment or order, and the document required.
File the prescribed copy application before the concerned court or use the court's notified online copying facility, where available.
If claiming a free copy under Section 404, clearly mention the relevant sub-section and the status of the applicant.
If a translation is required by the accused, state the requested language in the application. Supply remains subject to the statutory qualification "if practicable".
For persons other than the accused, comply with the copying fees and rules applicable to the court concerned unless the Court directs otherwise.

Practical note: Copying procedures, application forms, fees, inspection rules and online facilities can vary by High Court and subordinate court. The applicable court rules should be checked before filing an application.

Section 404 BNSS and Former Section 363 CrPC

Section 404 BNSS substantially carries forward the subject previously dealt with by Section 363 of the Code of Criminal Procedure, 1973, namely supply of copies of judgments to accused persons and others. For proceedings governed by the BNSS, the current section number is Section 404.

Official Legal Resources

The authoritative statutory text should be checked from the Government of India sources. The Ministry of Home Affairs publishes the new criminal laws, and India Code provides the Bharatiya Nagarik Suraksha Sanhita, 2023 as a Central Act.

Last reviewed: 12 September 2026.