Section 365 CrPC: Court to Send Finding and Sentence to District Magistrate
Section 365 of the Code of Criminal Procedure, 1973 required a Court of Session or Chief Judicial Magistrate to forward its finding and sentence, if any, to the District Magistrate. The corresponding current provision is Section 406 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Text of Section 365 CrPC, 1973
In cases tried by the Court of Session or a Chief Judicial Magistrate, the Court or such Magistrate, as the case may be, shall forward a copy of its or his finding and sentence (if any) to the District Magistrate within whose local jurisdiction the trial was held.
Section 406 BNSS, 2023: Current Provision
Section 406, titled "Court of Session to send copy of finding and sentence to District Magistrate", provides:
In cases tried by the Court of Session or a Chief Judicial Magistrate, the Court or such Magistrate, as the case may be, shall forward a copy of its or his finding and sentence (if any) to the District Magistrate within whose local jurisdiction the trial was held.
The wording of Section 406 BNSS carries forward the requirement under Section 365 CrPC without a substantive change.
Meaning and Scope of the Provision
Which courts must forward the copy?
The statutory duty applies to the Court of Session and the Chief Judicial Magistrate in cases tried by them. It is not expressed as a general obligation imposed by this section on every criminal court.
What must be forwarded?
A copy of the court's finding and its sentence, if any. A finding records the court's determination in the trial; a sentence is the punishment imposed where applicable. The phrase "if any" recognises that not every finding results in a sentence.
Who receives the copy?
The recipient is the District Magistrate within whose local jurisdiction the trial was held, rather than necessarily the District Magistrate of the accused's residence or the place where the alleged offence occurred.
Is a specific deadline stated?
Section 365 CrPC and Section 406 BNSS impose a mandatory forwarding duty but do not themselves specify a number of days. Applicable court rules and administrative directions may govern the method and timing of transmission.
Purpose and Practical Effect
The provision ensures that the District Magistrate receives official information about the outcome of trials conducted by the specified criminal courts. It concerns communication of judicial findings to the district administration; it does not itself create a separate right of appeal or authorise the District Magistrate to revise the judgment.
The forwarding requirement is distinct from the accused's entitlement to a copy of the judgment under Section 363 CrPC, now addressed by Section 404 BNSS.
Applicability After 1 July 2024
The Code of Criminal Procedure, 1973 was repealed by Section 531 BNSS, subject to savings and transitional rules. Section 406 BNSS is the current corresponding provision. Whether an older pending inquiry, trial, appeal, application or investigation continues under the CrPC depends on the applicable savings provision and case circumstances.
Frequently Asked Questions
What is the BNSS equivalent of Section 365 CrPC?
Section 406 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Must the court send a copy even if no sentence is imposed?
The provision requires the finding to be forwarded and includes the sentence only "if any".
Can the District Magistrate change the court's finding?
No such power is conferred by Section 365 CrPC or Section 406 BNSS. The provision is about forwarding a copy, not reviewing the judgment.
Official Legal Sources
- National Crime Records Bureau: Bharatiya Nagarik Suraksha Sanhita, 2023 (see Section 406 and Section 531)
- Government-hosted BNSS 2023 Act PDF and CrPC correspondence
- India Code: Central legislation and amendments
This article provides general legal information. For a particular case, consult the current statutory text, applicable court rules and professional legal advice.