BNSS 393 — Language and contents of judgment.

Bharatiya Nagarik Suraksha Sanhita, 2023

Statutory text

(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 (45 of 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 (45 of 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.

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