Section 363 CrPC: Copy of Judgment to the Accused and Other Persons
Section 363 of the Code of Criminal Procedure, 1973 (CrPC) governed the supply of criminal court judgments to accused persons and other eligible applicants. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 404.
Meaning and purpose of Section 363 CrPC
The provision helps an accused person obtain the court's written reasons, understand the sentence and consider an appeal. It also allows other persons affected by a criminal court order to seek relevant records, subject to statutory conditions and court rules.
Section 363 CrPC explained: Sub-sections (1) to (6)
- Section 363(1) - Free judgment copy after imprisonment: When the accused is sentenced to imprisonment, the court must supply a copy of the judgment immediately after pronouncement, without charge.
- Section 363(2) - Certified copy and translation: On the accused's application, a certified copy, or a translation into the accused's language where practicable or into the court's language, must be provided without delay. A copy must be free when the accused can appeal the judgment. If the High Court passes or confirms a death sentence, a certified copy must be supplied immediately and free of cost without an application.
- Section 363(3) - Security-related orders: The right in sub-section (2) also applies to an order under Section 117 CrPC, as it does to an appealable judgment. The corresponding reference in Section 404(3) BNSS is Section 136 BNSS.
- Section 363(4) - Notice of appeal period in death cases: When a court sentences an accused to death and an appeal lies as of right, the court must inform the accused of the period for filing the appeal.
- Section 363(5) - Copies for affected persons: A person affected by a criminal court judgment or order can apply for a copy of the judgment, order, deposition or other record upon payment of prescribed charges. The court may waive charges for a special reason.
- Section 363(6) - Copies for other persons: The High Court may prescribe rules allowing persons not affected by the judgment or order to obtain copies, subject to applicable fees and conditions.
Section 404 BNSS: The law currently in force
Section 404 BNSS, titled "Copy of judgment to be given to accused and other persons", substantially preserves the safeguards found in Section 363 CrPC. The main statutory points are as follows:
| Provision | Right or requirement |
|---|---|
| Section 404(1) | Immediate, free judgment copy when imprisonment is imposed. |
| Section 404(2) | Certified copy or practicable translation on application; free copy for an appealable judgment; automatic free certified copy in specified High Court death-sentence cases. |
| Section 404(3) | Extends the copy entitlement to orders under Section 136 BNSS. |
| Section 404(4) | Requires information on the appeal period where a death sentence carries an appeal as of right. |
| Section 404(5) | Allows affected persons to obtain records subject to charges, with possible fee waiver; also permits a free certified copy for the Government on the Prosecuting Officer's application. |
| Section 404(6) | Permits High Court rules on copies for other applicants. |
The additional Government-copy proviso appears expressly in Section 404(5) BNSS. The exact applicable copying procedure, proof of interest, fees and method of application may depend on the relevant court's rules.
Karnataka state amendment to Section 363 CrPC
Karnataka Act 19 of 1985, Section 2 inserted an additional proviso after the proviso to Section 363(5) CrPC, concerning a free certified copy for the State on an application by the Prosecuting Officer, with the prescribed endorsement. Its relevance to a particular older proceeding must be assessed under the applicable state law and the BNSS transitional provisions. Section 404(5) BNSS now contains a nationwide proviso allowing the court to provide a free certified copy to the Government on the Prosecuting Officer's application.
How to request a copy of a criminal judgment
- Identify the court, case number, parties and judgment date.
- Apply through the court's copying section or an approved electronic filing facility, where available.
- State whether a certified copy, translation or another part of the record is required.
- Claim any statutory entitlement to a free copy and pay fees only where applicable.
- For appeals, check the applicable limitation period promptly; requesting a copy does not by itself establish that every deadline is extended.
Official statutory sources
Read the Bharatiya Nagarik Suraksha Sanhita, 2023 (official BPR&D PDF), particularly Sections 404 and 531. For the former Code and state amendments, consult the India Code official legislation database. The eCourts portal provides access to case and court services, subject to availability.
Frequently asked questions
Is the accused entitled to a free copy of the judgment?
Yes, in the situations specified by Section 363 CrPC or Section 404 BNSS, including when sentenced to imprisonment and when the accused is entitled to appeal a judgment for which a copy is requested.
What is the new BNSS section corresponding to Section 363 CrPC?
Section 404 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Can a person other than the accused obtain a judgment copy?
Yes. Affected persons may apply subject to prescribed charges and exemptions. Other persons may be eligible under the relevant High Court rules.
This article provides general legal information. Check the current legislation, applicable state amendments and court rules for individual cases.