BNSS Section 393 — Language and contents of judgment

CHAPTER XXIX THE JUDGMENT

Criminal

Summary

Every judgment covered by section 392 must be written in the language of the court. It must state the issues to be decided, the court’s decision on each issue, and the reasons for that decision. If the accused is convicted, the judgment must specify the offence and the law under which they are convicted, along with the punishment. If the accused is acquitted, the judgment must state the offence they are acquitted of and order their release.

If it is unclear which of two sections or parts of the same section of the Bharatiya Nyaya Sanhita, 2023 applies to the conviction, the court must clearly say so and pass judgment in the alternative. When the conviction is for an offence punishable by death or life imprisonment, the judgment must give reasons for the sentence, and for a death sentence, special reasons must be stated. If the conviction is for an offence punishable by one year or more in prison but the court gives a sentence of less than three months, it must record its reasons, unless the sentence is until the court rises or the case was tried summarily.

A death sentence must direct that the person be hanged by the neck until dead. Certain orders under specified sections must also contain the points for determination, the decision, and the reasons for the decision.

Official Text

(1) Except as otherwise expressly provided by this Sanhita, every judgment referred to in section 392,—

(a) shall be written in the language of the Court;

(b) shall contain the point or points for determination, the decision thereon and the reasons for the decision;

(c) shall specify the offence (if any) of which, and the section of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) or other law under which, the accused is convicted, and the punishment to which he is sentenced;

(d) if it be a judgment of acquittal, shall state the offence of which the accused is acquitted and direct that he be set at liberty.

(2) When the conviction is under the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) and it is doubtful under which of two sections, or under which of two parts of the same section, of that Sanhita the offence falls, the Court shall distinctly express the same, and pass judgment in the alternative.

(3) When the conviction is for an offence punishable with death or, in the alternative, with imprisonment for life or imprisonment for a term of years, the judgment shall state the reasons for the sentence awarded, and, in the case of sentence of death, the special reasons for such sentence.

(4) When the conviction is for an offence punishable with imprisonment for a term of one year or more, but the Court imposes a sentence of imprisonment for a term of less than three months, it shall record its reasons for awarding such sentence, unless the sentence is one of imprisonment till the rising of the Court or unless the case was tried summarily under the provisions of this Sanhita.

(5) When any person is sentenced to death, the sentence shall direct that he be hanged by the neck till he is dead.

(6) Every order under section 136 or sub-section (2) of section 157 and every final order made under section 144, section 164 or section 166 shall contain the point or points for determination, the decision thereon and the reasons for the decision.

Related Judgments

  • SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
  • SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
  • SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
  • .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
  • SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
  • SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
  • SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)
  • SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)

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