Introduction to Section 405 BNSS
Section 405 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) deals with how a court judgment should be handled when it’s written in a different language from that of the court. This section ensures that parties understand the judgment fully, especially when the language used is not familiar to them. It protects the right to a fair and transparent legal process.
Table of Contents
What is BNSS Section 405 ?
BNSS Section 405 talks about what should be done when a court judgment is written in a different language from the one normally used in that court. If any party involved in the case (like the accused or the complainant) does not understand the language of the judgment, they can ask for a translation. The court must then provide a translated version in its official language. This translated judgment must also be added to the official case record.
BNSS Section of 405 in Simple Points
1. Filing of Original Judgment
As per BNSS Section 405, when a judgment is written by a judge, the original copy must be filed with the official case documents. This helps the court maintain a proper and accurate record of the decision. The original judgment shows how the court reached its decision and what the final verdict was. Even if the language used is different from the court’s usual language, it must still be kept. It becomes a permanent part of the case record. This helps in future legal proceedings like appeals or reviews. So, the original document holds great legal value.
2. Language Difference in Judgment
In many courts, especially in multilingual states, judges may write the judgment in a language they are more comfortable with. For example, a judge may write in Hindi even if the court works in English, or vice versa. This creates a language gap between the judgment and the court’s official communication. BNSS Section 405 addresses this issue clearly. It ensures that this language difference does not create any confusion or injustice. The section recognizes India’s linguistic diversity. It provides a legal way to overcome language barriers in court proceedings.
3. Right to Request Translation
BNSS Section 405 gives every party involved in the case the right to request a translation of the judgment. This means that if someone cannot understand the language of the judgment, they can formally ask the court for a translated version. This right is available to both the accused and the complainant. However, the translation is not automatic—it only happens if someone asks for it. Once the request is made, the court is required to act. This ensures that all parties clearly understand what the court has decided. It supports fairness in the legal system.
4. Translation Must Be Added to Record
Once the judgment is translated into the language of the court, it must be officially added to the court’s records. It is not enough for the court to just give the translation to the party. It becomes part of the case file and holds the same legal importance as the original. This process ensures that there is no confusion later. In case of appeals or future hearings, both the original and translated versions are available. This also builds transparency in legal procedures. It helps maintain accurate documentation.
5. Promotes Fair Trial and Transparency
The main goal of BNSS Section 405 is to make sure that every party understands the court’s judgment clearly. Legal language can already be hard to understand, and a different language makes it worse. This section ensures that language is not a barrier to justice. If someone cannot understand the judgment, they have a right to request a translation. This helps promote a fair trial, where everyone knows what the court has decided. It builds trust in the legal system. It also reflects the court’s duty to ensure justice for all, regardless of language.
405 BNSS Overview
BNSS 405 is about translating a court’s judgment if it is written in a language that the court doesn’t usually use. The section says that the original judgment must be part of the court record. But if someone involved in the case (like the accused or complainant) wants, a translated copy in the court’s language must also be added to the record. This promotes legal clarity and understanding for everyone.
10 Key Points with Detailed
1. Original Judgment to Be Filed with Records
Whenever a judgment is passed by a judge, the original written judgment becomes part of the official court records. This is necessary for maintaining transparency and a proper legal record. It serves as proof of what decision was taken and why.
2. Language Used in Judgment Can Vary
Sometimes, the judge may write the judgment in a language different from the language normally used by that particular court. This may happen in multi-lingual states or courts with bilingual or trilingual practices.
3. Importance of Court’s Official Language
Each court functions in a particular language, as per the state or High Court rules. For example, some courts use English, while others may use Hindi or regional languages. Legal proceedings rely on this common language for uniformity.
4. Right to Request Translation
If either of the parties involved in the case—such as the accused, complainant, or even prosecution—asks for the judgment to be translated into the court’s working language, then this request must be fulfilled. This is their legal right.
5. No Automatic Translation Without Request
Translation is not done automatically. If no one raises the need for it, then the original judgment remains in its written form. Only when a request is made by a party, the translation process is triggered.
6. Translation Must Be Added to Official Record
Once the translation is made, it is not simply handed over. It must be officially added to the court’s records, along with the original judgment. This ensures that both versions are available for reference in future appeals or legal scrutiny.
7. Ensures Understanding and Fairness
The main goal of this section is to ensure that all parties clearly understand the judgment. A fair trial means not only the right to be heard but also the right to understand the decision given by the court.
8. Helps During Appeal or Review
If the case is challenged in a higher court, the translated judgment helps in better understanding during appeal or review. A uniform language in legal documents reduces confusion for all stakeholders, including judges and lawyers.
9. Supports Linguistic Diversity
This section respects India’s linguistic diversity. It understands that judges or parties may prefer or use different languages. So, instead of forcing one language, it offers a translation option to balance both rights and practicality.
10. Strengthens Legal Documentation
Keeping both original and translated judgments ensures accurate and complete legal documentation. It also helps future references, research, and even academic studies related to legal cases and judgments.
Example 1:
A judge writes the judgment in Hindi, but the court operates in English. The accused doesn’t understand Hindi. On request, the court translates the judgment into English and adds it to the record. This helps the accused understand the decision.
Example 2:
In a Maharashtra court where Marathi is the working language, the judgment is written in English. The complainant asks for a Marathi version. The court must provide a Marathi translation and attach it with the original.
BNSS Section 405 Short Information
| Point No. | Key Point | Description |
|---|---|---|
| 1 | Original Stored | Original judgment kept in court records. |
| 2 | Language Mismatch | Judgment may be in a different language. |
| 3 | Request Needed | Translation happens only if requested. |
| 4 | Translation Filed | Translated copy added to court records. |
| 5 | Right to Understand | Ensures parties understand the decision. |
Why BNSS 405 is Needed?
BNSS Section 405 is very important in a country like India, where courts operate in multiple languages. Often, judges may write judgments in English, Hindi, or a local language. But the people involved in the case may not understand that language. If the court’s final decision is not understood, it becomes unfair and unclear. That’s why this section allows parties to request a translated version in the court’s official language. It ensures that justice is not lost due to language issues. This section protects the basic right of every citizen to understand the law and the decision that affects their life.
BNSS Section 405 FAQs
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