Section 364 CrPC - Judgment When to Be Translated | Section 405 BNSS
Section 364 of the Code of Criminal Procedure, 1973 addressed the translation of a criminal court judgment when the original was recorded in a language different from that of the Court. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 405.
Section 364 CrPC, 1973 - Statutory provision
364. Judgment when to be translated. The original judgment shall be filed with the record of the proceedings and where the original is recorded in a language different from that of the Court, and the accused so requires, a translation thereof into the language of the Court shall be added to such record.
Under this provision, the original judgment must be preserved as part of the case record. Where the language of the original differs from the language of the Court, the accused could require a translation into the Court's language to be added to that record.
Section 405 BNSS, 2023 - Current corresponding provision
405. Judgment when to be translated. The original judgment shall be filed with the record of the proceedings and where the original is recorded in a language different from that of the Court, and if either party so requires, a translation thereof into the language of the Court shall be added to such record.
Section 405 preserves the requirement to file the original judgment with the proceedings. Its significant change is that the translation may be requested by either party, rather than being restricted to a request by the accused.
Meaning and practical application
When is translation required?
Two conditions must exist: the original judgment is recorded in a language different from the language of the Court, and a party requests its translation. The translation is then added to the court record.
Who may request the translation?
Under Section 364 CrPC, the express statutory entitlement was framed in favour of the accused. Under Section 405 BNSS, either party may make the request, extending the express wording beyond the accused.
Does this section require translation into every preferred language?
No. The provision specifically concerns translation into the language of the Court. A request for a certified copy or a translation in another language may involve separate provisions and applicable court rules. See Section 363 CrPC on copies of judgments, corresponding to Section 404 BNSS.
Why is the original judgment retained?
Filing the original judgment with the record preserves the authoritative text of the decision. Where the statutory conditions are satisfied, the translated version is added to assist the use and understanding of that record.
Application of CrPC and BNSS after 1 July 2024
The BNSS repealed the CrPC with effect from 1 July 2024, subject to the savings and transitional arrangements under Section 531 BNSS. Whether the CrPC or BNSS governs a particular proceeding depends on its procedural status and the applicable saving provisions. For pending cases, the commencement date alone should not be used to determine the governing procedural code.
Related provisions
- Section 362 CrPC - Court not to alter judgment
- Section 363 CrPC - Copy of judgment to be given to the accused and other persons
- Section 365 CrPC - Court of Session to send copy of finding and sentence to District Magistrate
Official legal references
For the enacted text and further notifications, consult the Ministry of Home Affairs - New Criminal Laws and the India Code legislative database. The Bureau of Police Research and Development BNSS reference PDF also identifies Section 405 as corresponding to Section 364 CrPC.
This article provides general statutory information. For a particular case, verify the applicable enactment, court rules and any subsequent amendments or judicial directions.
