Section 405 BNSS: Judgment when to be translated
Section 405 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the filing of the original criminal court judgment and the circumstances in which a translation must be added to the court record.
In brief: If the original judgment is written in a language different from the language of the Court, either party may require a translation into the language of the Court, and that translation must be added to the record.
Text of Section 405 BNSS
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.
Source: Bharatiya Nagarik Suraksha Sanhita, 2023, Act No. 46 of 2023.
Meaning and scope of Section 405
The provision contains two connected requirements. First, the original judgment must remain filed with the record of the proceedings. Second, where that judgment is recorded in a language different from the language of the Court, a translation into the Court's language must be added if either party asks for it.
The section therefore protects the integrity of the original judicial record while also ensuring that a judgment recorded in another language can be understood and used in the language in which the Court ordinarily conducts its official work.
When is translation required?
- The original judgment has been recorded in a language different from the language of the Court.
- Either party requires a translation.
- The translation is to be made into the language of the Court.
- The translated version is then added to the record along with the original judgment.
Who can ask for a translation?
Section 405 uses the expression "either party". This is wider than the corresponding wording in Section 364 of the Code of Criminal Procedure, 1973, which referred to a request by the accused. Under the BNSS wording, the right to require translation is not confined to the accused.
Difference from Section 364 CrPC
| Provision | Who could require translation? | Basic rule |
|---|---|---|
| Section 364 CrPC, 1973 | The accused | Translation into the language of the Court where the original judgment was recorded in another language. |
| Section 405 BNSS, 2023 | Either party | The original remains on record and, on request, a translation into the language of the Court is added. |
Why Section 405 matters
A criminal judgment may be relevant for appeal, revision, execution, compliance, or other later proceedings. By requiring the original to remain part of the record and providing a mechanism for translation where necessary, Section 405 supports an accurate and usable judicial record.
The provision should also be read with the surrounding BNSS provisions governing the judgment, including Section 404 on supply of copies of judgment and Section 406 on forwarding findings and sentence to the District Magistrate.
Commencement and transitional position
The Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024, subject to the limited exception stated in the commencement notification. Section 531 repealed the Code of Criminal Procedure, 1973, while preserving the old Code for appeals, applications, trials, inquiries and investigations that were already pending immediately before commencement.
Practical note: For a proceeding that was already pending immediately before 1 July 2024, the saving clause in Section 531 should be checked before applying the BNSS provision.
Frequently asked questions
Does Section 405 replace the original judgment with a translated judgment?
No. The section requires the original judgment to be filed with the record. The translation is added to that record when the statutory conditions are satisfied.
Is translation automatic in every case?
No. The section applies where the original judgment is in a language different from that of the Court and either party requires translation.
Into which language must the judgment be translated?
The translation contemplated by Section 405 is into the language of the Court.
What is the corresponding provision under the old CrPC?
The corresponding provision was Section 364 of the Code of Criminal Procedure, 1973.
This page is a general legal information resource. For application to a particular proceeding, the relevant court rules, orders and the transitional provisions of the BNSS should also be examined.