Introduction to Section 393 BNSS
Section 393 BNSS explains what every criminal court judgment must contain and how it should be written. It ensures that the judgment is clear, reasoned, and based on proper legal grounds. This section supports transparency by making it mandatory to include legal points, the decision, and the reasons behind it. It applies to all judgments covered under Section 392 of the Bharatiya Nagarik Suraksha Sanhita.
What is BNSS Section 393?
BNSS Section 393 outlines how a criminal court judgment should be written and what essential details it must include. It applies to all judgments referred to in Section 392 and ensures the decision is clear, structured, and reasoned. This section emphasizes that the judgment must be in the language of the court, mention the offence, law, punishment, and whether the accused is convicted or acquitted. It also explains how to write judgments in cases of doubtful sections, death penalty, or lenient punishment. The section helps bring consistency, fairness, and clarity to the criminal justice system.
BNSS Section of 393 in Simple Points
1. Judgment Must Be Written in the Language of the Court
BNSS Section 393(1)(a) says that every criminal judgment must be written in the official language used by that particular court. This could be English, Hindi, Marathi, or any other language permitted by the court’s jurisdiction. Using a fixed language helps avoid confusion and keeps legal records clear and uniform. It also ensures all legal authorities and staff can easily understand the content. Writing in the court’s language supports transparency, accessibility, and proper communication. This rule applies unless another language is specifically allowed. It forms the base for a well-structured legal judgment.
2. Legal Issues, Decision, and Reasoning Must Be Included
According to Section 393(1)(b), a judgment must clearly mention the legal questions involved, the decision given by the judge, and the reasons for that decision. This structure allows all parties to understand how the judge reached the conclusion. Giving reasons ensures that the decision is logical and fair, not random or biased. It also helps in appeal cases, as higher courts need to see the reasoning. Proper explanation reflects the seriousness and thought behind the judgment. This step supports accountability and trust in the legal system.
3. Convictions Must Include Offence, Law, and Punishment
Under Section 393(1)(c), if the court finds the accused guilty, it must mention the name of the offence, the legal section or law, and the punishment awarded. This helps avoid any confusion about what the accused is convicted for. It also ensures that the punishment is linked to the correct law. This clear structure is helpful when applying for appeals or reviews. Recording these details ensures transparency, legal accuracy, and proper documentation. It protects the rights of both the accused and the victim.
4. Acquittal and Special Sentencing Rules
Section 393 also handles special situations like acquittal, death sentences, and shorter punishments. In an acquittal, the court must mention the offence the person is cleared of and order their immediate release. If the punishment is death, the judge must write special reasons explaining why such a harsh sentence is given. If the offence usually requires 1 year or more, but a lighter sentence is given (like less than 3 months), the reason must be recorded. This ensures fair and reasoned sentencing.
5. Other Important Orders Must Also Have Legal Reasons
Section 393(6) covers final orders under Sections 136, 144, 157(2), 164, and 166. These include restraining orders, police actions, or preventive steps. Even in these cases, the court must write the points for decision, the final result, and the reasons behind it. This ensures that even temporary or preventive orders are legally justified and not arbitrary. It protects the rights of people affected by such orders. This step shows that all types of court decisions need a reasoned and fair explanation.
393 BNSS Overview
Section 393 of BNSS focuses on the language and structure of court judgments in criminal cases. It sets rules for what content must be included in a judgment—such as the point of law, decision, legal sections, punishment, and reasoning. It also provides guidelines for special situations like death sentences or lighter punishments. The section ensures that all judgments are legally sound, understandable, and ready for appeal or review.
10 Key Points of BNSS Section 2393
1. Judgment Must Be Written in Court’s Language
According to Section 393(1)(a), every judgment must be written in the official language of the court. This ensures the content is understandable by court staff, lawyers, and higher judicial bodies. It also promotes regional accessibility and prevents confusion caused by translation errors. Using a consistent language standard helps maintain clarity and uniformity across all judgments. This rule applies unless another language is specifically permitted by the Sanhita. The goal is to make the judgment readable and recordable. This helps during appeals or future references.
2. Judgment Must Mention Key Points for Decision
Section 393(1)(b) requires the court to clearly mention the main issues or questions (points for determination) in the case. It must then explain the decision taken on each point and the reasons behind those decisions. This helps everyone understand how and why the court came to its conclusion. Writing the reasons ensures transparency and accountability in legal reasoning. It also allows higher courts to review whether the lower court followed proper legal thinking. This structure keeps the judgment logical and justified.
3. Conviction Judgments Must Mention Offence, Law & Punishment
Under Section 393(1)(c), if the accused is found guilty, the court must mention the exact offence committed and the section of the Bharatiya Nyaya Sanhita, 2023 or any other law under which the conviction is made. The judgment must also specify the punishment awarded. This avoids any doubt about the legal basis of the verdict. It also allows for a proper appeal if required. Including these details helps keep the judicial process clear, complete, and authoritative.
4. Acquittal Judgments Must Mention Offence and Liberty
Section 393(1)(d) deals with cases where the accused is acquitted. In such cases, the judgment must clearly state the offence for which the person is acquitted. Additionally, the court must give a direction that the person be set at liberty. This confirms that the person is free from all charges and no longer under legal custody. This clarity is important for the police, jail authorities, and the person’s records. It avoids wrongful detention and ensures immediate release.
5. When Law is Unclear – Judgment Must Show Alternatives
According to Section 393(2), if there is doubt under which of two sections or parts of the law the offence falls, the court must clearly mention both possibilities. It should then give the judgment in the alternative. This means the court acknowledges the confusion and passes a decision that covers both legal possibilities. This ensures that even in legally unclear situations, the accused is not unfairly punished. It also helps appellate courts to review the case more effectively. This protects the legal rights of the accused.
6. Death Sentence Requires Special Reasons
Section 393(3) applies when the court awards a death sentence or life imprisonment. In such cases, the court must explain the specific reasons for choosing the punishment. If death is awarded, the court must give special reasons for this extreme decision. This rule is very important because the death sentence is the highest form of punishment. By recording detailed reasoning, the law ensures that such decisions are made with extra care, fairness, and responsibility. It prevents misuse of capital punishment.
7. Shorter Sentence Than Normal – Reasons Required
Section 393(4) is for cases where the offence is punishable with one year or more, but the judge gives a sentence of less than 3 months. In such situations, the court must record the reason for awarding a lighter sentence. This maintains the balance of justice and prevents doubts about favoritism or error. However, if the punishment is just till the rising of the court or if the case was summarily tried, this explanation is not required. This rule helps maintain trust in judicial discretion.
8. Death Sentence Language Must Be Clear
Section 393(5) mentions that when a person is sentenced to death, the judgment must clearly direct that the person be hanged by the neck till dead. This wording is standard in Indian criminal law. It leaves no room for confusion about the nature of the punishment. This ensures clarity for jail authorities responsible for execution. It is also important for record purposes and official orders. Using clear, legal language avoids misinterpretation of the judgment.
9. Other Final Orders Must Also Include Reasoning
Section 393(6) covers judgments or final orders passed under Sections 136, 144, 157(2), 164, and 166. Even in these cases, the court must record the points for decision, the decision taken, and the reason behind the decision. This applies not only to final judgments but also to important procedural orders. It promotes fairness and allows the person affected by the order to understand the court’s logic. It also helps in filing appeals, if needed. The goal is to ensure reasoned decision-making in every step.
10. Section 393 Promotes Clarity, Fairness, and Appeal Readiness
Overall, BNSS Section 393 ensures that all criminal court judgments are well-structured, reasoned, and complete. Whether it’s a conviction or acquittal, whether the punishment is harsh or lenient, the court must explain why it decided that way. This is important for the accused, the lawyers, the higher courts, and the public. A clear judgment avoids delays, confusion, or wrongful punishment. It also strengthens the appeal system by providing all needed details. This section plays a vital role in ensuring justice is delivered with logic and accountability.
Example 1:
A man is convicted of assault under Section 117 of Bharatiya Nyaya Sanhita. The court writes the judgment in Marathi (court language), states the legal point, explains why it believes he is guilty, and mentions the section and punishment clearly. This follows Section 393(1)(a)(b)(c).
Example 2:
In a murder trial, the court is unsure if the offence falls under Section 101 or 103. The judge clearly records both possibilities in the judgment and gives an alternative sentence. This is done as per Section 393(2), which requires alternate decisions in doubtful cases.
Sec 393 BNSS Short Information
| Key Point | Description |
|---|---|
| Section Name | BNSS Section 393 – Contents and Structure of Judgments in Criminal Cases |
| Language Requirement | Judgments must be written in the official language of the court to ensure clarity, accuracy, and accessibility. |
| Decision Structure | Judgment must list key legal points, the court’s decision on each, and the reasoning behind them for transparency and review. |
| Conviction Details | When convicting, the judgment must specify the offence, relevant legal section, and the exact punishment awarded. |
| Acquittal Details | If acquitted, the judgment must mention the offence and direct immediate release of the accused from custody. |
| Unclear Legal Provisions | If uncertain between two sections, the judgment must record both and decide in the alternative to avoid injustice. |
| Death or Life Sentences | Special and detailed reasons must be recorded when imposing death or life imprisonment sentences. |
| Lighter Sentences | If a lighter sentence (less than 3 months) is given for a serious offence, the judge must explain the reason. |
| Death Sentence Wording | Judgment must clearly state that the convict “be hanged by the neck till dead” to avoid ambiguity in execution. |
| Reasoned Final Orders | Even procedural or final orders under Sections 136, 144, 157(2), 164, or 166 must record issues, decisions, and reasons. |
Why is BNSS Section 393 Needed?
BNSS Section 393 is needed to make sure that every criminal court judgment is complete, well-explained, and legally sound. Without this rule, judgments could be unclear or incomplete, which might lead to confusion, injustice, or difficulty in appeals. This section helps judges follow a clear format: it tells them to write the legal points, the decision, and the reasons behind it. It also ensures that the punishment given is justified and connected to the right section of law. Whether it is a simple acquittal or a death sentence, the court must explain why that decision was made. This creates accountability, consistency, and transparency in the justice system. BNSS 393 helps people trust that courts are fair, structured, and follow the rule of law.
BNSS Section 393 FAQs
BNSS 393
Conclusion
BNSS Section 393 ensures every criminal judgment is written clearly, structured properly, and supported by logical reasoning. It makes judgments transparent, fair, and suitable for appeal. Whether it’s conviction, acquittal, or sentencing, the court must justify its decision in writing, strengthening the integrity of the judicial process.
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