Introduction to Section 404 BNSS
BNSS Section 404 ensures that justice is not only done but is also seen to be done. This section emphasizes the right of the accused and other stakeholders to receive a copy of the judgment from the court. It guarantees transparency and fair legal access by mandating that copies be given promptly and, in some cases, free of cost. It also covers language accessibility and provisions for both parties involved.
What is BNSS Section 404 ?
BNSS Section 404 ensures that any person who is convicted and sentenced — especially to imprisonment or death — must receive a copy of the court’s judgment free of cost and without delay. It also ensures that affected persons, including the accused or other parties, can apply for certified or translated copies of the judgment. This section promotes transparency, fair legal access, and timely justice.
BNSS Section of 404 in Simple Points
1. Free Judgment Copy for the Convicted Person
When a person is sentenced to imprisonment, the court must give a certified copy of the judgment to the convicted person immediately and free of cost. This ensures that the person knows the exact reason for the punishment and can plan legal steps like appeal. The rule removes any delays or costs in accessing the judgment. It’s a basic right under Indian criminal procedure. This copy must be given without any special request. It also builds trust in the justice system. The rule applies to all convictions that lead to jail time.
2. Translation in Own Language or Court’s Language
If the accused requests, the judgment can be translated into his own language (if possible) or at least in the language used by the court. This helps the accused understand the ruling clearly. The translated copy must also be provided without unnecessary delay. This rule helps those who may not understand legal English or regional language used in court. It supports equal rights and improves legal understanding for every individual. It is a step toward inclusive justice.
3. Copy for Death Sentence Cases Without Application
In serious cases where a person is sentenced to death, the court must provide a certified copy of the judgment without any application. The accused should not have to request it. The law ensures that the person has all the documents needed to appeal or file a mercy petition. This must be done urgently and free of cost. It shows how the law values the life and rights of the individual, even after conviction. It adds a protective layer in death penalty cases.
4. Access to Copies for Affected Persons and Public Prosecutor
People who are affected by a judgment, such as victims, complainants, or other parties, can apply for a certified copy by paying a small court fee. In some special cases, the judge may waive the fee. Also, the Public Prosecutor can request a copy free of cost for official use. This makes sure the government side is also well-informed. The rule ensures fairness to all sides and promotes open access to legal records. It supports justice by helping all parties prepare better.
5. High Court’s Power to Allow Public Access with Rules
The High Court can make special rules to allow people who are not directly affected by a judgment, such as journalists, students, or researchers, to get certified copies. This access is allowed only after paying proper fees and following certain guidelines. It ensures that sensitive legal information is not misused. At the same time, it promotes transparency in the criminal justice system. This also strengthens public confidence in courts and ensures legal documents are not hidden from public knowledge.
404 BNSS Overview
BNSS 404 provides a structured rule under which judgment copies must be provided to the accused, especially when punishment is involved. If the accused is sentenced to imprisonment or death, the judgment copy must be delivered immediately and without any cost. Others affected by the judgment may also apply for certified or translated copies by paying a nominal fee. This ensures legal clarity for everyone concerned.
BNSS Section 404 – 10 Key Points Explained in Detail
1. Right to a Free Judgment Copy for Convicts
Under BNSS Section 404, when an accused person is sentenced to imprisonment, the court must give a certified copy of the judgment immediately and free of cost. This helps ensure the accused understands the decision and can prepare for appeal or legal action. This copy must be provided without any delay. It is an important right and adds to transparency in justice. The rule applies to all who are convicted and imprisoned. The provision reduces dependency on lawyers or middlemen. It ensures fair treatment and access to justice.
2. Free Copy in Death Penalty Cases – Even Without Request
If a person is sentenced to death, the law says that a certified copy of the judgment must be given free of cost without waiting for an application. The court has a duty to ensure the accused has all legal documents to file an appeal or seek relief. This step protects the rights of the person even in the most serious situations. The High Court must act swiftly to deliver this judgment copy. This rule ensures no delay in the appeal process. The person gets a fair chance to defend themselves further. It is a core part of legal fairness.
3. Right to Copy in Own Language or Court’s Language
BNSS Section 404 allows the accused to ask for a translation of the judgment in their own language if practically possible or in the official language of the court. This makes the legal process more inclusive and helps those who do not understand the court’s primary language. The translated copy must also be given without unnecessary delay. This right ensures better understanding of legal outcomes. It empowers the accused to make informed decisions. It also supports legal literacy for all communities.
4. Copies for Others Affected by the Judgment
Not only the accused, but even other persons affected by the court’s decision can apply for a certified copy of the judgment or related documents. They must pay the prescribed fee unless the court decides to give it free for special reasons. Victims, complainants, and their lawyers often use this option to get judgment copies. It ensures all parties stay informed. It also supports the right to information in criminal cases. The provision increases transparency in the justice system.
5. Provision for Appeal Time Information
If the accused is sentenced to death, and an appeal is allowed as a right, the court must also inform the accused of the time limit within which the appeal must be filed. This communication is a mandatory legal responsibility of the court. It ensures the accused does not lose the chance to appeal due to lack of awareness. This step shows a balance between justice and humanity. It helps protect constitutional rights. The court must explain this clearly during judgment.
6. Certified Copies to Prosecuting Officers and Government
Under Section 404, the Public Prosecutor or government officers can also get free certified copies of the judgment or other records by applying to the court. This helps the state pursue further legal proceedings like appeals or reviews. It ensures that the government side also remains informed. This provision is useful in high-profile or public interest cases. It maintains proper records in government files. It also aids in decision-making by authorities.
7. High Court Powers for Third-Party Access
The High Court can create rules to allow people who are not directly affected by the case to get copies of the judgment or records. These individuals must pay the necessary fees and follow the rules set by the High Court. Researchers, journalists, or law students may benefit from this. It promotes open access to legal documents. However, the High Court has the power to set limits and conditions. This balances public interest with privacy and case sensitivity.
8. Extended to Orders Under Section 136
The rule in Section 404 also applies to orders under Section 136, just like it applies to judgments. So, if an order under Section 136 is passed and it is appealable, the accused has the right to receive a free certified copy. This ensures legal fairness even in non-judgment orders. It keeps the accused fully aware of their legal standing. It also improves the efficiency of appeal procedures.
9. Fair Opportunity for the Accused
Section 404 gives the accused equal opportunity to file appeals, take advice, and seek justice. By making it compulsory to give free copies and translated versions, the law supports the idea of access to justice for all. It does not matter if the accused is rich or poor — everyone gets the same documents. This helps in building trust in the legal system. It also protects human rights under Indian law.
10. Supports a Transparent Justice System
This section contributes to transparency and accountability in the criminal justice process. When parties receive certified or translated copies, they know what was decided and why. It also ensures that legal proceedings are not hidden or unclear. Transparency helps reduce corruption and errors. It promotes faith in the judicial process. BNSS 404 supports the values of an open and fair legal system in India.
Example 1:
A person named Suresh is sentenced to 5 years of imprisonment. According to BNSS Section 404, the court gives him a free certified copy of the judgment immediately after it is announced. This helps him prepare for appeal if needed.
Example 2:
Rita is a victim in a criminal case and wants to read the final order passed by the judge. She applies for a copy of the judgment and pays the fee. The court provides her with the document as allowed under Section 404.
BNSS Section 404 Short Information
| Sr. No. | Key Feature | Shortcut Summary |
|---|---|---|
| 1 | Free copy to accused on jail/death sentence | Immediate, free certified judgment copy |
| 2 | Language translation option available | Copy in court language or accused’s language |
| 3 | Victim/legal party can apply for copy | Others may request copy with fee |
| 4 | Accused informed about appeal timelines | Appeal rights communicated post-judgment |
| 5 | High Court can set rules for outsiders | Rules to allow copy access for non-parties |
BNSS Section 404 FAQs
BNSS 404
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