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Indian criminal procedure | Updated 18 October 2026

Section 354 CrPC and Section 393 BNSS - Language and Contents of Judgment

A criminal judgment must identify the questions decided, explain the reasons, and clearly state the result. Section 354 of the Code of Criminal Procedure, 1973 (CrPC) laid down these requirements; Section 393 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is the corresponding provision under the new criminal procedure law.

Current legal position: The BNSS commenced on 1 July 2024. Section 393 governs the language and contents of judgments under Section 392 BNSS. The application of the former CrPC to pending matters must be considered with the saving and transitional provisions in Section 531 BNSS.

What must a criminal judgment contain?

Section 393 BNSS generally requires a judgment to be written in the language of the court and to set out the points for determination, the court's decision on each point and the reasons supporting that decision. A conviction must specify the offence, the applicable provision of the Bharatiya Nyaya Sanhita, 2023 (BNS), or other law, and the punishment. An acquittal must identify the offence and direct the accused to be set at liberty, subject to other lawful detention.

Section 393 BNSS explained subsection by subsection

  1. Section 393(1) BNSS: The judgment must use the language of the court, identify issues and reasons, and specify the offence, governing law and sentence, or direct release upon acquittal.
  2. Section 393(2) BNSS: If a conviction could fall under either of two BNS provisions or parts of one provision, the judgment must clearly state the alternatives.
  3. Section 393(3) BNSS: The court must give reasons for sentencing in serious offences and special reasons for a death sentence.
  4. Section 393(4) BNSS: The court must explain a sentence shorter than three months where the offence is punishable by at least one year, unless a stated exception applies.
  5. Section 393(5) BNSS: A death sentence must contain the statutory direction concerning its execution.
  6. Section 393(6) BNSS: Specified preventive and maintenance-related orders must identify the issues, decisions and reasons. The relevant BNSS sections are 136, 157(2), 144, 164 and 166.

Section 354 CrPC - original provision explained

Under the Code of Criminal Procedure, 1973, Section 354 governed judgments pronounced under Section 353. The six subsections established the following requirements:

  1. Subsection (1): Except as otherwise expressly provided by the Code, every judgment referred to in Section 353 must: (a) be written in the language of the Court; (b) contain the points for determination, decisions and reasons; (c) identify the offence, the applicable IPC or other statutory provision and the sentence upon conviction; and (d) on acquittal, identify the offence and direct release.
  2. Subsection (2): Where doubt exists about which of two IPC sections or parts applies, the court must express the doubt and pass judgment in the alternative.
  3. Subsection (3): Reasons for the sentence must be stated for offences punishable with death or alternative imprisonment; a death sentence requires special reasons.
  4. Subsection (4): Reasons must be recorded for imposing imprisonment below three months for an offence punishable with imprisonment of one year or more, subject to the statutory exceptions for imprisonment until rising of court and summary trials.
  5. Subsection (5): A death sentence must direct execution by hanging by the neck until death.
  6. Subsection (6): Orders under Sections 117 and 138(2), and final orders under Sections 125, 145 and 147, must state points for determination, decisions and reasons.

Key legal references under the BNSS

The structure and safeguards largely continue, but references have been updated to the new enactments. The former reference to the Indian Penal Code is now to the Bharatiya Nyaya Sanhita, 2023. Section 354(6) CrPC referred to Sections 117, 138(2), 125, 145 and 147; Section 393(6) BNSS instead refers to Sections 136, 157(2), 144, 164 and 166.

The provision on pronouncing judgment is now Section 392 BNSS, corresponding to Section 353 CrPC. The BNSS also contains updated timing and electronic-pronouncement provisions in Section 392.

Why a reasoned judgment matters

Recording findings and reasons helps parties understand why the court accepted or rejected arguments and evidence. It also permits meaningful appellate or revisional scrutiny. The sentencing provisions require particular care where the punishment is severe, including the separate statutory requirement to record special reasons for a death sentence.

Frequently asked questions

What is the current equivalent of Section 354 CrPC?

Section 393 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is the corresponding provision for the language and contents of a criminal judgment.

Must a criminal court explain the reasons for its judgment?

Yes. Section 393(1) BNSS requires points for determination, decisions and reasons, subject to express statutory exceptions.

Are special reasons required for a death sentence?

Yes. Section 393(3) BNSS requires special reasons when the court awards a death sentence.

Official legislation and references

This article is general legal information, not case-specific legal advice. Check the statutory text and any applicable amendments or judicial directions before relying on it.