BNSS Section 404 — Copy of judgment to be given to accused and other persons

Summary

When a person is sentenced to imprisonment, they must be given a free copy of the judgment immediately after it is announced. If the accused asks for a certified copy or a translation into their own language or the court’s language, it must be given without delay, and if the judgment can be appealed by the accused, this copy is also free. In death penalty cases, the High Court must give a free certified copy to the accused right away, even if they do not ask for it. The court must also inform a person sentenced to death about the time limit for filing an appeal. Anyone else affected by a criminal court judgment or order can get a copy by applying and paying the prescribed fee, though the court may give it free for a special reason, and the government can get a free certified copy if the prosecuting officer asks. The High Court can make rules for giving copies of judgments or orders to people who are not affected, on payment of fees set by those rules.

Official Text

(1) When the accused is sentenced to imprisonment, a copy of the judgment shall, immediately after the pronouncement of the judgment, be given to him free of cost.

(2) On the application of the accused, a certified copy of the judgment, or when he so desires, a translation in his own language if practicable or in the language of the Court, shall be given to him without delay, and such copy shall, in every case where the judgment is appealable by the accused, be given free of cost:

Provided that where a sentence of death is passed or confirmed by the High Court, a certified copy of the judgment shall be immediately given to the accused free of cost whether or not he applies for the same.

(3) The provisions of sub-section (2) shall apply in relation to an order under section 136 as they apply in relation to a judgment which is appealable by the accused.

(4) When the accused is sentenced to death by any Court and an appeal lies from such judgment as of right, the Court shall inform him of the period within which, if he wishes to appeal, his appeal should be preferred.

(5) Save as otherwise provided in sub-section (2), any person affected by a judgment or order passed by a Criminal Court shall, on an application made in this behalf and on payment of the prescribed charges, be given a copy of such judgment or order or of any deposition or other part of the record:

Provided that the Court may, if it thinks fit for some special reason, give it to him free of cost:

Provided further that the Court may, on an application made in this behalf by the Prosecuting Officer, provide to the Government, free of cost, a certified copy of such judgment, order, deposition or record.

(6) The High Court may, by rules, provide for the grant of copies of any judgment or order of a Criminal Court to any person who is not affected by a judgment or order, on payment, by such person, of such fees, and subject to such conditions, as the High Court may, by such rules, provide.

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.2 p.1588 — Supreme Court of India (2025)
• SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
• SC (2024) Vol.12 p.335 — Supreme Court of India (2024)
• SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)

Old <-> New Code Mapping

• CrPC §363 — Copy of judgment to be given to accused and other persons