Introduction to Section 406 BNSS
BNSS Section 406 is about keeping proper coordination between the court and district administration. It says that when a case is tried in a Court of Session or by a Chief Judicial Magistrate, a copy of the judgment and sentence (if any) must be sent to the District Magistrate. This is important because the District Magistrate is responsible for local law and order. The law ensures that serious court decisions do not remain limited to the courtroom but also reach the concerned authorities.
What is BNSS Section 406 ?
BNSS Section 406 states that in every case tried by the Court of Session or Chief Judicial Magistrate, the court must send a copy of the finding and sentence to the District Magistrate of the area where the trial happened. “Finding” means whether the accused is guilty or not, and “sentence” refers to the punishment given. This rule ensures the court’s decisions are shared with the local authorities for smooth coordination, safety, and record management.
BNSS Section of 406 in Simple Points
1. Applicable to Serious Trials
BNSS Section 406 applies to cases that are tried in Courts of Session or by Chief Judicial Magistrates (CJM). These courts handle serious criminal matters like murder, rape, and dacoity. When such important cases are decided, it becomes necessary for the local authorities to be informed. The law ensures that after judgment, the information doesn’t remain within the court. Instead, it reaches the District Magistrate (DM) who is responsible for maintaining law and order. This allows the DM to take required administrative action. It also keeps the district-level administration aware of critical cases.
2. Copy of Judgment and Sentence to Be Sent
After the court gives its final decision, it must send a copy of the “finding” (verdict) and “sentence” (punishment, if given) to the District Magistrate. This is necessary even if the person is acquitted or not given any punishment. It ensures proper record-keeping and legal compliance. If a punishment like imprisonment or fine is imposed, the DM needs to know. The court cannot skip or delay this duty. The section makes it mandatory to send the information quickly. This process helps connect legal judgment with real-world action.
3. District Magistrate of Trial Jurisdiction
The copy of the judgment and sentence must be sent specifically to the District Magistrate under whose area (jurisdiction) the trial took place. This is important because trials may involve people or crimes from different places. But only the DM of the trial location needs to receive the decision. This allows the local DM to update their records, take preventive measures, or alert police stations. It prevents confusion and ensures that the correct administrative office gets the necessary court information on time.
4. Strengthens Administrative Readiness
The District Magistrate plays an important role in managing law and order. After receiving the court’s decision, the DM may need to prepare for imprisonment arrangements or inform other departments. In some cases, public reaction or political impact may follow a major judgment. BNSS 406 helps the DM stay prepared for such outcomes. It improves coordination between courts and civil administration. Without this step, important judgments may go unnoticed outside the courtroom. This section closes that communication gap effectively.
5. Legal Obligation, Not a Choice
BNSS 406 uses the word “shall”, which means the court is legally bound to follow it. It is not optional or flexible. If the court does not send the copy of judgment and sentence, it would be a failure of duty. This may result in administrative delays, confusion, or even legal errors. The section gives a clear command to the court to keep the District Magistrate in the loop. This strengthens transparency, responsibility, and overall functioning of the justice system.
406 BNSS Overview
BNSS 406 helps in maintaining transparency and order after a court gives its final decision in serious criminal cases. It connects the judicial outcome with the local administrative action. Once the court completes the trial, it must send the copy of findings (guilty or not guilty) and sentencing (if punishment is given) to the District Magistrate. This allows the administration to take necessary steps like jail arrangements, record keeping, or preventive action in public interest.
BNSS Section 406 : 10 Key Points with Detailed
1. Applies to Serious Cases Tried by Higher Courts
This section applies only to trials conducted by a Court of Session or a Chief Judicial Magistrate, which usually involve serious or major criminal cases. These courts handle offenses like murder, rape, robbery, and other grave crimes. Since the outcome of such cases can affect public order and safety, it is important that the District Magistrate, who is responsible for local law enforcement, is informed. The law ensures that major judicial decisions are not isolated from administrative awareness.
2. Finding and Sentence Must Be Sent
The “finding” means the decision of the court, whether the accused is found guilty or not guilty. The “sentence” means the punishment given, such as imprisonment or fine. Section 406 clearly states that a copy of both must be sent to the District Magistrate. If there is no punishment (for example, if the accused is acquitted), only the finding is sent. This information is necessary for updating official records and for tracking criminal histories at the district level.
3. Role of the Court of Session and CJM
The Court of Session is the highest criminal court at the district level. The Chief Judicial Magistrate handles important criminal trials just below the Sessions Court level. These courts often pass judgments that affect the safety of the local area. Under BNSS Section 406, they are duty-bound to inform the District Magistrate after completing the trial. This creates a proper legal chain of communication between the court and the administration.
4. District Magistrate’s Jurisdiction Matters
The law says that the copy of the finding and sentence must be sent to the District Magistrate within whose jurisdiction the trial was held. This is important because sometimes, an accused person may belong to a different area or the crime may span across districts. However, only the DM of the trial location needs to be informed. This helps the administration to keep track of court actions within their territory and take any follow-up steps if needed.
5. Promotes Law and Order Coordination
When the court sends the judgment and sentence to the District Magistrate, it helps in better coordination between the judicial system and the executive authorities. The District Magistrate is responsible for maintaining peace and order. If someone is sentenced, the administration may need to make arrangements such as jail transfers, monitoring released convicts, or taking other preventive actions. Section 406 ensures that no court order goes unnoticed by the district authority.
6. Helps in Record-Keeping and Data Monitoring
Section 406 also helps in maintaining records of criminal convictions and acquittals at the district level. These records are useful for police verification, issuing character certificates, and monitoring repeat offenders. When courts send judgment copies to the DM, it becomes easier to update criminal databases. This supports various administrative needs and helps in law enforcement and public safety monitoring in the district.
7. Legal Responsibility of the Court
Under BNSS Section 406, it is the legal duty of the court or magistrate to send the required documents to the District Magistrate. This is not optional. The section uses the word “shall”, which means it is mandatory. Failing to do so can result in gaps in communication between the judiciary and administration. Courts are expected to follow this provision strictly to ensure smooth functioning of the criminal justice system.
8. Improves Transparency in the System
By informing the District Magistrate about the final outcome of serious criminal cases, Section 406 adds an element of transparency to the judicial process. It avoids the situation where someone is sentenced but the local authority is unaware. It also prevents misuse of court orders or hiding of decisions. In many cases, local action may be needed after sentencing, and this section makes sure that nothing important is missed.
9. Supports Follow-up Actions by Authorities
After receiving the copy of the court’s decision, the District Magistrate may take follow-up actions, such as issuing orders to the police, jail department, or other departments. For example, if a person is convicted under a serious charge, the administration may take steps to prevent further harm or manage protests. This kind of administrative readiness depends on proper communication from the court, as given in Section 406.
10. Strengthens the Criminal Justice System
BNSS Section 406 strengthens the entire criminal justice process by connecting the courts with the district authorities. Justice does not end with the judgment; it must be implemented properly. And for that, the local administration needs to be fully informed. This section ensures that judgments are not just legal decisions but also become part of real-world actions and consequences. It builds accountability, coordination, and stronger legal enforcement at the ground level.
Example 1:
A person is convicted for murder by the Sessions Court in Pune. The court gives life imprisonment. As per BNSS Section 406, the court sends a copy of the judgment and sentence to the Pune District Magistrate. The DM then informs the jail department for necessary action.
Example 2:
In a robbery case, the Chief Judicial Magistrate of Bhopal finds the accused guilty and gives 5 years of imprisonment. As required by Section 406, a copy of the judgment is sent to the Bhopal DM, who updates district criminal records and initiates further steps for jail custody.
BNSS Section 406 Short Information
| Point No. | Key Point | Explanation |
|---|---|---|
| 1 | Court Level | Applies to Sessions Court and Chief Judicial Magistrate (CJM) only. |
| 2 | Finding & Sentence | Copy of decision and punishment to be sent. |
| 3 | Send to DM | Must be sent to District Magistrate of trial area. |
| 4 | Legal Obligation | Mandatory action, not optional. |
| 5 | Promotes Law & Order | Helps district authority take action or maintain records. |
Why BNSS 406 is Needed?
BNSS Section 406 is important because it connects the court’s final judgment with the local government authorities. After a serious case is decided, the administration may need to take quick action—like jail arrangements, increased police presence, or keeping a close watch on a convict. Without official communication from the court, the District Magistrate may be unaware of such developments. That’s why this law ensures that all major court outcomes are sent to the DM of the concerned area. It promotes better coordination between the judiciary and executive, helping ensure safety, order, and proper legal follow-up.
BNSS Section 406 FAQs
BNSS 406
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