Criminal Manual 402 — Supply of Free of Costs Copy to Accused

Gujarat High Court Criminal Manual (subordinate court practice), 1977

Statutory text

(1) (a) The accused who is convicted and sentenced to imprisonment should be given certified copy of the judgment, free of cost, immediately after the judgment is pronounced, as provided in sub-section (1) of section 363, Code of Criminal Procedure, 1973. The copy of the judgment should be supplied not later than the period of four days to the accused, if he is undergoing the sentence in the prison.

(b) When the accused is sentenced to death the certified copy of the judgment should be supplied to the accused free of costs, forthwith, whether accused applies for the certified copy or not.

(2) When the accused applies for the copy of the judgment for the purpose of appeal in the case in which the judgment is appealable by him or of the order under section 117, Code of Criminal Procedure, 1973, he should be given the copy of the judgment or order, as the case may be, or if he desires a translation in his own language, if practicable the translation in his own language or in the language of the Court, free of cost, as early as possible, as provided in sub-section (2) of section 363, Code of Criminal Procedure, 1973.

(3) As provided in section 387, Code of Criminal Procedure, 1973, the provisions of section 363 of the Code are applicable to the Judgments of the appellate Courts and, therefore, the accused convicted or whose appeal against the conviction is dismissed and who is entitled to the copy of the judgment, free of costs, under section 363 (1) Code of Criminal Procedure, 1973, or for the purpose of appeal against the judgment of the appellate Court under sub-section (2) of section 363, should be furnished with the copy of the judgment of the appellate Court, free of cost, as early as possible. The instructions contained in sub-paragraphs (1) & (2) are applicable to appellate Courts except the High Court, to the extent permissible.

Back to Criminal Manual