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THE JUDGMENT

CHAPTER XXIX

392. Judgment 

393. Language and contents of judgment 

394. Order for notifying address of previously convicted offender 

395. Order to pay compensation 

396. Victim compensation scheme 

397. Treatment of victims 

398. Witness protection scheme 

399. Compensation to persons groundlessly arrested 

400. Order to pay costs in non-cognizable cases 

401. Order to release on probation of good conduct or after admonition 

402. Special reasons to be recorded in certain cases 

403. Court not to alter judgment 

404. Copy of judgment to be given to accused and other persons 

405. Judgment when to be translated 

406. Court of Session to send copy of finding and sentence to District Magistrate 

CONTENTS

C. Ready Reckoner

B. Statement based prelims q& a

A. basic Prelims questions with answer

Based on Chapter XXIX (The Judgment) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), here are the 30 preliminary examination questions with the  answer key.

 

Chapter XXIX: The Judgment (Sections 392–406)

 

Q1. According to Section 392(1), a judgment in every trial in a Criminal Court of original jurisdiction must be pronounced as soon as possible and no later than how many days after the termination of the trial?

A) Fifteen days
B) Thirty days
C) Sixty days
D) Ninety days

 

Q2. Under Section 392(1), a Court may extend the time for pronouncing a judgment from thirty days to a maximum of how many days, provided reasons are recorded in writing?

A) Forty-five days
B) Sixty days
C) Seventy-five days
D) One hundred days

 

Q3. Which of the following is NOT a prescribed method for a presiding officer to pronounce a judgment under Section 392(1)?

A) By delivering the whole of the judgment
B) By reading out the whole of the judgment
C) By reading out the operative part and explaining the substance in a language understood by the accused
D) By sending a digital link to the parties via a private messaging application only

 

Q4. Under Section 392(2), if a judgment is delivered by being taken down in shorthand, the presiding officer is specifically required to:

A) Sign only the final page of the transcript
B) Sign the transcript and every page thereof as soon as it is made ready
C) Record only the date on the final page
D) Attest the transcript before the High Court Registrar

 

Q5. According to Section 393(1), what are the three essential components that every judgment (except as provided by the Sanhita) must contain?

A) Name of the judge, date of FIR, and list of witnesses
B) Point or points for determination, the decision thereon, and the reasons for the decision
C) Total cost of the trial, victim's address, and police officer’s rank
D) Number of adjournments granted, summary of oral arguments, and a copy of the FIR

 

Q6. Under Section 393(2), if the Court is doubtful as to which of two sections or two parts of the same section of the BNS, 2023 an offence falls under, the Court shall:

A) Pass judgment under the less severe section
B) Distinctly express the same and pass judgment in the alternative
C) Refer the matter to the Supreme Court
D) Postpone the judgment until the doubt is cleared by the State Government

 

Q7. Section 394(1) empowers certain Courts to order a previously convicted offender to notify their address for a period not exceeding five years. Which Court is EXCLUDED from this power?

A) High Court
B) Court of Session
C) Magistrate of the first class
D) Magistrate of the second class

 

Q8. Under Section 395(1), when a Court imposes a sentence of fine, it may order the fine recovered to be applied in paying compensation to any person for any loss or injury caused by the offence, provided:

A) The compensation is recoverable by such person in a Civil Court
B) The person is a public servant
C) The accused gives consent to the payment
D) The fine exceeds fifty thousand rupees

 

Q9. According to Section 395(2), if a sentence is appealable, no payment of compensation from the fine shall be made to the person entitled to it until:

A) The accused is released from prison
B) The period allowed for presenting the appeal has elapsed or, if presented, the appeal is decided
C) The State Government issues a notification for payment
D) The High Court confirms the fine amount

 

Q10. Under Section 395(3), if a fine does NOT form part of the sentence, can the Court still order the accused to pay compensation to the victim?

A) No, compensation can only be paid out of a fine
B) Yes, the Court may order the person to pay a specified amount by way of compensation
C) Only if the victim is a woman or a child
D) Only if the District Magistrate authorizes it

 

Q11. Section 396(1) mandates that every State Government, in coordination with the Central Government, shall prepare a scheme for providing funds for the purpose of compensation to the victim or his dependents. This is called the:

A) Victim Rehabilitation Fund
B) Witness Protection Scheme
C) Victim Compensation Scheme
D) Criminal Justice Support Fund

 

Q12. Under Section 396(2), which authority is responsible for deciding the quantum of compensation to be awarded under the Victim Compensation Scheme?

A) The Trial Court Judge
B) The State Government’s Home Department
C) The District or the State Legal Service Authority
D) The Superintendent of Police

 

Q13. According to Section 396(5), if the trial court acquits or discharges the accused but is satisfied that the victim has suffered loss or injury and requires rehabilitation, it may:

A) Force the acquitted person to pay a fine
B) Make a recommendation for compensation
C) Order the victim to pay the costs of the trial
D) Dismiss the matter entirely

 

Q14. Under Section 397, all hospitals (public or private) are mandated to provide free first-aid or medical treatment to victims of which specific offences?

A) Only petty theft
B) All non-cognizable offences
C) Offences covered under Sections 64 to 71 and Section 124 of the BNS, 2023 or the POCSO Act
D) Only if the victim is a Government employee

 

Q15. Section 398 of the BNSS requires every State Government to prepare and notify what type of scheme?

A) Judicial Salary Scheme
B) Prison Reform Scheme
C) Witness Protection Scheme
D) Police Promotion Scheme

 

Q16. Under Section 399(1), what is the maximum amount of compensation a Magistrate may award to a person groundlessly arrested, to be paid by the person who caused the arrest?

A) Five hundred rupees
B) One thousand rupees
C) Five thousand rupees
D) Ten thousand rupees

 

Q17. According to Section 399(3), if the compensation for groundless arrest cannot be recovered, the person ordered to pay shall be sentenced to simple imprisonment for a term up to:

A) Seven days
B) Fifteen days
C) Thirty days
D) Three months

 

Q18. Section 400(1) allows a Court to order the complainant or informant to pay the costs of the prosecution in addition to any other penalty, but only in:

A) Cognizable cases
B) Non-cognizable cases
C) Only murder trials
D) Only drug-related cases

 

Q19. Under Section 401(1), a person convicted of an offence punishable with imprisonment for seven years or less (who is 21+ years old) may be released on probation of good conduct if:

A) No previous conviction is proved against them
B) The victim forgives them in writing
C) They pay a double fine
D) They agree to join the police force

 

Q20. If a Magistrate of the second class (not specially empowered) believes an offender should be released on probation under Section 401, they shall:

A) Release the offender anyway
B) Record their opinion and submit the proceedings to a Magistrate of the first class
C) Sentence the offender to the maximum imprisonment
D) Commit the case to the High Court

 

Q21. According to Section 402, if a Court could have dealt with an accused under Section 401 or the Juvenile Justice Act but chose not to, it must:

A) Record in its judgment the special reasons for not having done so
B) Pay a fine to the High Court
C) Transfer the case to a different district
D) Seek approval from the State Government

Q22. Under Section 403, once a Court has signed its judgment or final order, it cannot alter or review the same except to:

A) Re-examine the witnesses
B) Correct a clerical or arithmetical error
C) Change the acquittal into a conviction
D) Reduce the sentence upon a mercy petition

 

Q23. According to Section 404(1), when an accused is sentenced to imprisonment, a copy of the judgment shall be given to them:

A) Within 30 days of the application
B) Free of cost immediately after the pronouncement
C) Only if they pay the prescribed fee
D) Only if their lawyer requests it

 

Q24. Under the Proviso to Section 404(2), if a sentence of death is passed or confirmed by the High Court, a certified copy of the judgment shall be:

A) Given to the accused only upon a written application
B) Sent to the State Governor only
C) Immediately given to the accused free of cost whether he applies or not
D) Kept in the Court’s vault for 10 years

 

Q25. When an accused is sentenced to death, the Court is mandated under Section 404(4) to inform them of:

A) The date of execution
B) The period within which an appeal should be preferred
C) The name of the hangman
D) Their right to be buried or cremated

 

Q26. Under Section 404(5), a person "affected" by a judgment (other than the accused or victim) can obtain a copy of the judgment or part of the record:

A) Free of cost by right
B) On application and payment of prescribed charges
C) Only after the appeal period expires
D) Only if authorized by the District Magistrate

 

Q27. According to Section 405, when must a translation of the judgment into the language of the Court be added to the record?

A) In every case automatically
B) When the original is in a different language and either party so requires
C) Only in cases involving foreign nationals
D) Only if the High Court orders it

 

Q28. Under Section 406, a Court of Session or Chief Judicial Magistrate shall forward a copy of its finding and sentence (if any) to whom?

A) The Superintendent of Police
B) The High Court Registrar
C) The District Magistrate within whose local jurisdiction the trial was held
D) The Central Government

 

Q29. (Analysis) Why does Section 395(4) allow an Appellate Court or a High Court in revision to make an order for compensation?

A) To ensure victims can access compensation even if the Trial Court failed to order it
B) To increase the revenue of the Judiciary
C) Because only higher courts have the power to handle money
D) Only when the acquittal is overturned into a conviction

 

Q30. (Statement Based) Consider the following statements regarding Section 394: Statement I: An order for notifying the address of a released convict remains in force for life. Statement II: This order becomes void if the conviction is set aside on appeal.

A) Only Statement I is correct
B) Only Statement II is correct
C) Both are correct
D) Neither is correct

 

Answer Key

Q1. B (S. 392(1))
Q2. A (S. 392(1))
Q3. D (S. 392(1))
Q4. B (S. 392(2))
Q5. B (S. 393(1))
Q6. B (S. 393(2))
Q7. D (S. 394(1))
Q8. A (S. 395(1)(b))
Q9. B (S. 395(2))
Q10. B (S. 395(3))
Q11. C (S. 396(1))
Q12. C (S. 396(2))
Q13. B (S. 396(5))
Q14. C (S. 397)
Q15. C (S. 398)
Q16. B (S. 399(1))
Q17. C (S. 399(3))
Q18. B (S. 400(1))
Q19. A (S. 401(1))
Q20. B (S. 401(1) Proviso)
Q21. A (S. 402)
Q22. B (S. 403)
Q23. B (S. 404(1))
Q24. C (S. 404(2) Proviso)
Q25. B (S. 404(4))
Q26. B (S. 404(5))
Q27. B (S. 405)
Q28. C (S. 406)
Q29. A (S. 395(4) Analysis)
Q30. B (Statement I is false because the maximum term is five years under S. 394(1))

Based on Chapter XXIX (The Judgment) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), here are the 20 statement and problem-based practice questions with answers.

 

Chapter XXIX: The Judgment (Sections 392–406)

 

Q1. Consider the following statements regarding the pronouncement of judgment under Section 392(1):

Statement I: The presiding officer may pronounce the judgment by reading out the whole of the judgment in open Court.

Statement II: The presiding officer may pronounce the judgment by reading out only the operative part and explaining the substance in a language understood by the accused.

A) Only Statement I is correct

B) Only Statement II is correct

C) Both Statement I and II are correct

D) Neither Statement I nor II is correct

 

Q2. Problem: A Magistrate concludes the trial of a warrant-case on June 1st. According to the timelines prescribed in Section 392(1), what is the latest date by which the judgment must ordinarily be pronounced in open Court?

A) June 15th

B) July 1st

C) July 15th

D) August 1st

 

Q3. Regarding judgments delivered in shorthand under the procedural rules of Section 392(2):

Statement I: The presiding officer shall sign the transcript and every page thereof as soon as it is made ready.

Statement II: The presiding officer must write the date of delivery on the transcript in open Court.

A) Only Statement I is correct

B) Only Statement II is correct

C) Both Statement I and II are correct

D) Neither Statement I nor II is correct

 

Q4. Consider the requirements for the contents of a judgment as specified in Section 393(1):

Statement I: Every judgment must contain the point or points for determination and the decision thereon.

Statement II: A judgment of acquittal is not required to state the reasons for the decision.

A) Only Statement I is correct

B) Only Statement II is correct

C) Both Statement I and II are correct

D) Neither Statement I nor II is correct

 

Q5. Problem: During a trial, the Judge is doubtful whether the facts proved against the accused constitute 'theft' or 'criminal breach of trust' under the BNS, 2023. Under Section 393(2), how should the Judge proceed?

A) The Judge must convict the accused for the less severe offence only.

B) The Judge shall distinctly express the doubt and pass judgment in the alternative.

C) The Judge must refer the case to the High Court for a final determination of the charge.

D) The Judge should acquit the accused due to the uncertainty of the law.

 

Q6. Regarding the power of the Court to order the notification of address by previously convicted offenders (Section 394):

Statement I: This power applies to persons previously convicted of offences against coinage, stamp-law, or property.

Statement II: The Court may order the released convict to notify their residence and any change thereof to a specified authority.

A) Only Statement I is correct

B) Only Statement II is correct

C) Both Statement I and II are correct

D) Neither Statement I nor II is correct

 

Q7. Problem: A person is released from prison after serving a sentence for a coinage offence. Under Section 394(1), what is the maximum duration for which they can be ordered to notify their address and residence changes?

A) Three years

B) Five years

C) Seven years

D) Ten years

 

Q8. Consider the provisions for the application of recovered fines for compensation under Section 395(1):

Statement I: The Court may apply the fine to defray expenses properly incurred in the prosecution.

Statement II: The fine may be used to compensate a bona fide purchaser of stolen property that is being restored to the owner.

A) Only Statement I is correct

B) Only Statement II is correct

C) Both Statement I and II are correct

D) Neither Statement I nor II is correct

 

Q9. Problem: A Court convicts an accused but does not impose a sentence of fine as part of the punishment. Under Section 395(3), can the Court still order the accused to pay compensation to the victim?

A) No, compensation can only be paid out of a recovered fine.

B) Yes, the Court may order the person to pay a specified amount by way of compensation for loss or injury.

C) Only if the State Government provides a special grant for that case.

D) Only if the accused is a public servant.

 

Q10. Regarding the statutory Victim Compensation Scheme introduced in Section 396:

Statement I: Every State Government is mandated to prepare this scheme in coordination with the Central Government.

Statement II: The scheme is intended to provide funds for victims or dependents who require rehabilitation due to crime.

A) Only Statement I is correct

B) Only Statement II is correct

C) Both Statement I and II are correct

D) Neither Statement I nor II is correct

 

Q11. Problem: A trial court makes a recommendation for compensation to a victim under the Victim Compensation Scheme. Under Section 396(2), which authority is responsible for deciding the actual quantum of compensation to be awarded?

A) The Trial Court itself

B) The District or State Legal Service Authority

C) The District Magistrate

D) The Superintendent of Police

 

Q12. Concerning the mandatory medical treatment of victims under Section 397:

Statement I: All hospitals (public or private) must provide free first-aid or medical treatment to victims of rape.

Statement II: This mandatory treatment also applies to victims of acid attacks under Section 124 of the BNS.

A) Only Statement I is correct

B) Only Statement II is correct

C) Both Statement I and II are correct

D) Neither Statement I nor II is correct

 

Q13. Problem: A person causes a police officer to arrest another person groundlessly. The Magistrate hears the case and finds no sufficient ground for the arrest. Under Section 399(1), what is the maximum compensation the Magistrate can award to the person arrested?

A) Five hundred rupees

B) One thousand rupees

C) Five thousand rupees

D) Ten thousand rupees

 

Q14. Regarding the payment of costs in non-cognizable cases as per Section 400:

Statement I: A Court may order the convicted accused to pay the complainant the costs incurred in the prosecution.

Statement II: These costs may include process-fees and advocate's fees considered reasonable by the Court.

A) Only Statement I is correct

B) Only Statement II is correct

C) Both Statement I and II are correct

D) Neither Statement I nor II is correct

 

Q15. Problem: A 25-year-old first-time offender is convicted of an offence punishable with five years of imprisonment. Under Section 401(1), what must the Court consider before deciding whether to release them on probation of good conduct?

A) The age, character, or antecedents of the offender.

B) The circumstances in which the offence was committed.

C) Whether it is expedient that the offender should be released on probation.

D) All of the above.

 

Q16. Consider the procedure for a Magistrate of the second class regarding the power of probation (Section 401):

Statement I: A second class Magistrate not specially empowered by the High Court can release an offender on probation directly.

Statement II: Such a Magistrate must record their opinion and submit the proceedings to a Magistrate of the first class.

A) Only Statement I is correct

B) Only Statement II is correct

C) Both Statement I and II are correct

D) Neither Statement I nor II is correct

 

Q17. Regarding the mandatory recording of special reasons under Section 402:

Statement I: If the Court chooses not to deal with a youthful offender under the Juvenile Justice Act, it must record special reasons in its judgment.

Statement II: Special reasons are also required if the Court chooses not to release a first offender on probation under Section 401.

A) Only Statement I is correct B) Only Statement II is correct C) Both Statement I and II are correct D) Neither Statement I nor II is correct

 

Q18. Problem: A Judge signs a judgment but later realizes they miscalculated the fine amount. According to Section 403, can the Judge alter the judgment?

A) No, a Court can never alter or review its judgment once signed. B) Yes, the Judge can re-evaluate the entire evidence and change the conviction. C) Yes, but only to correct a clerical or arithmetical error. D) Only if the State Government gives written permission to do so.

 

Q19. Regarding the supply of judgment copies to the accused under Section 404:

Statement I: When an accused is sentenced to imprisonment, a copy of the judgment must be provided to them free of cost immediately.

Statement II: If a sentence of death is passed by the Court of Session, a certified copy must be given to the accused free of cost only if they apply for it.

A) Only Statement I is correct B) Only Statement II is correct C) Both Statement I and II are correct D) Neither Statement I nor II is correct

 

Q20. Problem: A Court of Session passes a sentence of death on an accused. Under Section 404(4), what specific information is the Court mandated to provide to the accused?

A) The name of the High Court Judges who will confirm the sentence. B) The period within which an appeal should be preferred. C) The date of the scheduled execution. D) The name of the advocate assigned by the State for the appeal.

 

Answer Key

  1. C (Both methods are valid) [588, S. 392(1)]

  2. B (30 days is the standard time limit) [588, S. 392(1)]

  3. C (Both requirements are mandatory) [588, S. 392(2)]

  4. A (Statement II is false; reasons are required for all judgments) [591, S. 393(1)]

  5. B (Judgment should be in the alternative) [592, S. 393(2)]

  6. C (Both statements describe the power correctly) [594-595, S. 394(1)]

  7. B (Maximum term is five years) [595, S. 394(1)]

  8. C (Both are valid applications of the fine) [597, S. 395(1)]

  9. B (Court can order compensation even without fine) [598, S. 395(3)]

  10. C (Scheme is mandatory and for rehabilitation) [599, S. 396(1)]

  11. B (Quantum is decided by the DLSA or SLSA) [599, S. 396(2)]

  12. C (Both rape and acid attack victims are covered) [600, S. 397]

  13. B (Maximum is one thousand rupees) [600, S. 399(1)]

  14. C (Both are accurate descriptions of cost recovery) [601, S. 400]

  15. D (The Court considers all listed factors) [601, S. 401(1)]

  16. B (Statement I is false; submission to a 1st Class Magistrate is required) [602, S. 401(1)]

  17. C (Reasons are required for both probation and JJ Act) [606-607, S. 402]

  18. C (Signed judgments can only be altered for clerical/arithmetical errors) [607, S. 403]

  19. A (Statement II is false; death sentence copies are free without application) [609-610, S. 404]

  20. B (Accused must be informed of the appeal period) [611, S. 404(4)]

One-Line Revision Reckoner for Chapter XXIX

This "Judgment and Victim Rights Master-Sheet" serves as a quick and comprehensive ready reckoner for Chapter XXIX (Sections 392–406) of the BNSS, 2023. This chapter outlines the mandatory procedures for delivering judgments, awarding compensation, and ensuring the rights of victims and witnesses.

 

1. Pronouncement and Timelines (Section 392)

  • Timeline: Judgment must be pronounced in open Court immediately after the trial or within forty-five days of its termination.

  • Methods of Pronouncement:

    • Delivering the whole judgment.

    • Reading out the whole judgment.

    • Reading the operative part and explaining the substance in a language the accused or their advocate understands.

  • Shorthand Rules: If taken down in shorthand, the presiding officer must sign every page of the transcript as soon as it is ready and record the date of delivery.

 

2. Contents and Form of Judgment (Sections 393, 403, 405)

  • Essential Elements: Must be in the language of the Court and contain the points for determination, the decision, and the reasons for the decision.

  • Alternative Findings: If it is doubtful which of two sections or parts of a section applies, the Court shall pass judgment in the alternative.

  • Finality (The "No Review" Rule): Once signed, a Court cannot alter or review its judgment or final order.

    • Exception: Only clerical or arithmetical errors may be corrected.

  • Translation: If the original is in a different language, a translation into the Court language must be added to the record if required by a party.

 

3. Victim Compensation and Treatment (Sections 395–397)

  • Application of Fine (S. 395): Recovered fines can be used to defray prosecution expenses, pay for loss/injury caused by the offence, or compensate bona fide purchasers of restored stolen property.

  • Compensation without Fine: Even if no fine is imposed, the Court can order the accused to pay a specific amount as compensation.

  • Victim Compensation Scheme (S. 396): State Governments prepare this scheme for rehabilitation.

    • Quantum: Decided by the District or State Legal Service Authority.

    • Interim Relief: If the offender is not traced or identified, the victim can still apply for compensation.

  • Mandatory Medical Care (S. 397): All public and private hospitals must provide free first-aid or medical treatment to victims of rape (Sections 64–71 BNS) and acid attacks (Section 124(1) BNS).

 

4. Witness and Arrest Protections (Sections 398–400)

  • Witness Protection (S. 398): Every State Government is mandated to notify a Witness Protection Scheme.

  • Groundless Arrest (S. 399): If a person causes a police officer to arrest someone groundlessly, a Magistrate can award compensation up to one thousand rupees.

    • Default: Failure to pay results in up to thirty days of simple imprisonment.

  • Costs in Non-Cognizable Cases (S. 400): In non-cognizable cases, a Court may order the convicted accused to pay the complainant's prosecution costs (fees, advocate costs, etc.).

 

5. Probation and Address Notification (Sections 394, 401–402)

  • Address Notification (S. 394): Previously convicted offenders (coinage, stamp-law, or property offences) can be ordered to notify their residence changes for up to five years after release.

  • Probation of Good Conduct (S. 401): Applied based on age, character, and circumstances of the offence.

    • Referral: If a 2nd Class Magistrate (not specially empowered) believes probation is fit, they must submit proceedings to a 1st Class Magistrate.

  • Special Reasons (S. 402): The Court must record special reasons in its judgment if it chooses not to use the probation provisions or the Juvenile Justice Act when they were potentially applicable.

 

6. Post-Judgment Administration (Sections 404, 406)

  • Supply of Copies:

    • Imprisonment: Copy provided to the accused free of cost immediately.

    • Death Sentence: Copy provided free of cost whether applied for or not.

  • Appeal Information: In death sentence cases, the Court must inform the accused of the period within which they can prefer an appeal.

  • Forwarding to DM: Sessions Courts and CJMs must forward a copy of findings and sentences to the District Magistrate.

 

Quick Revision Tip: "The Forty-Five Day Clock" BNSS 2023 sets a strict limit for the delivery of judgments (45 days), emphasizing speedier justice compared to older practices. Additionally, it mandates hospital duties for specific crimes, emphasizing victim care.

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