Section 392 BNSS 2023 - Judgment
Section 392 of the Bharatiya Nagarik Suraksha Sanhita, 2023 governs how a judgment is pronounced in a criminal trial by a Court of original jurisdiction. It covers the time for pronouncement, the permitted modes of delivery, attendance of the accused, free access to the judgment and online publication.
- Judgment must be pronounced in open Court.
- It should be delivered immediately after trial or within 45 days, with notice to the parties or their advocates.
- The Court may deliver the whole judgment, read the whole judgment, or read the operative part and explain its substance.
- Where the operative part is read, the full judgment or a copy must be immediately available for perusal free of cost.
- As far as practicable, the Court should upload the judgment on its portal within 7 days.
- An accused in custody may hear the judgment in person or through audio-video electronic means.
What Section 392 means
In practical terms, Section 392 lays down the procedure that a criminal Court must follow when formally announcing its decision after a trial. The provision is intended to ensure open pronouncement, timely delivery, access to the complete decision and procedural fairness to the accused and the parties.
The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023 and came into force on July 1, 2024. The official text may be checked on India Code. The Ministry of Home Affairs also provides the new criminal laws for official reference.
Section 392 BNSS - statutory text
392. (1) The judgment in every trial in any Criminal Court of original jurisdiction shall be pronounced in open Court by the presiding officer immediately after the termination of the trial or at some subsequent time not later than forty-five days of which notice shall be given to the parties or their advocates,-
(a) by delivering the whole of the judgment; or
(b) by reading out the whole of the judgment; or
(c) by reading out the operative part of the judgment and explaining the substance of the judgment in a language which is understood by the accused or his advocate.
(2) Where the judgment is delivered under clause (a) of sub-section (1), the presiding officer shall cause it to be taken down in short-hand, sign the transcript and every page thereof as soon as it is made ready, and write on it the date of the delivery of the judgment in open Court.
(3) Where the judgment or the operative part thereof is read out under clause (b) or clause (c) of sub-section (1), as the case may be, it shall be dated and signed by the presiding officer in open Court, and if it is not written with his own hand, every page of the judgment shall be signed by him.
(4) Where the judgment is pronounced in the manner specified in clause (c) of sub-section (1), the whole judgment or a copy thereof shall be immediately made available for the perusal of the parties or their advocates free of cost:
Provided that the Court shall, as far as practicable, upload the copy of the judgment on its portal within a period of seven days from the date of judgment.
(5) If the accused is in custody, he shall be brought up to hear the judgment pronounced either in person or through audio-video electronic means.
(6) If the accused is not in custody, he shall be required by the Court to attend to hear the judgment pronounced, except where his personal attendance during the trial has been dispensed with and the sentence is one of fine only or he is acquitted:
Provided that where there are more accused persons than one, and one or more of them do not attend the Court on the date on which the judgment is to be pronounced, the presiding officer may, in order to avoid undue delay in the disposal of the case, pronounce the judgment notwithstanding their absence.
(7) No judgment delivered by any Criminal Court shall be deemed to be invalid by reason only of the absence of any party or his advocate on the day or from the place notified for the delivery thereof, or of any omission to serve, or defect in serving, on the parties or their advocates, or any of them, the notice of such day and place.
(8) Nothing in this section shall be construed to limit in any way the extent of the provisions of section 511.
Sub-section-wise explanation
1. Judgment in open Court and the 45-day limit
Sub-section (1) requires the presiding officer to pronounce the judgment in open Court. Ordinarily this should happen immediately after the trial ends. If it is postponed, the section fixes an outer period of 45 days and requires notice of the date to the parties or their advocates.
2. Three permitted modes of pronouncement
The Court may deliver the complete judgment, read the complete judgment aloud, or read only the operative part and explain the substance in a language understood by the accused or the accused's advocate. The third method allows the result to be pronounced without requiring the entire judgment to be read aloud.
3. Signing and dating the judgment
Sub-sections (2) and (3) deal with authentication of the judgment. Depending on the mode used, the presiding officer must sign the transcript or the written pages and record the date on which the judgment was delivered or read in open Court.
4. Free access to the full judgment and online upload
If only the operative part is pronounced under clause (c), the whole judgment or a copy must be immediately made available to the parties or their advocates for perusal free of cost. The Court should also, as far as practicable, upload a copy on its portal within 7 days from the date of judgment.
5. Accused in custody
If the accused is in custody, the accused must be brought up to hear the judgment. Section 392 expressly allows this either through physical presence or through audio-video electronic means.
6. Accused not in custody
An accused who is not in custody is ordinarily required to attend the pronouncement. The section creates an exception where personal attendance during trial was dispensed with and the sentence is only a fine or the accused is acquitted. In a case with several accused persons, the Court may still pronounce judgment if one or more are absent when necessary to avoid undue delay.
7. Effect of absence or defective notice
Sub-section (7) protects a criminal judgment from being treated as invalid merely because a party or advocate was absent at the notified time or place, or because there was an omission or defect in service of notice. This provision must be read together with the wider rules governing prejudice, irregularity and failure of justice under the BNSS.
8. Section 511 preserved
Sub-section (8) makes clear that Section 392 does not limit Section 511 of the BNSS. Section 511 is the provision dealing with when a finding or sentence may be reversible by reason of error, omission or irregularity.
Quick reference table
| Issue | Rule under Section 392 |
|---|---|
| Place of pronouncement | Open Court. |
| Time for judgment | Immediately after trial or, if deferred, not later than 45 days. |
| Notice | Notice of the later date must be given to the parties or their advocates. |
| Mode | Whole judgment delivered, whole judgment read, or operative part read with substance explained. |
| Free copy or perusal | Required immediately when only the operative part is pronounced under clause (c). |
| Portal upload | As far as practicable, within 7 days from the date of judgment. |
| Accused in custody | May hear judgment in person or through audio-video electronic means. |
| Absence of party or advocate | Does not by itself invalidate the judgment. |
Related BNSS provisions
Section 392 should be read with Section 393 - Language and contents of judgment, Section 395 - Order to pay compensation, Section 396 - Victim compensation scheme, and the other provisions in the same chapter governing the consequences, form and communication of criminal judgments.
Official legal sources
For authoritative verification, consult the Bharatiya Nagarik Suraksha Sanhita, 2023 on India Code and the Ministry of Home Affairs - New Criminal Laws.
This page is a general legal information resource and should be read with the current statutory text, applicable notifications, rules and binding judicial decisions.