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Bharatiya Nagarik Suraksha Sanhita, 2023

Section 406 BNSS: Court of Session to Send Copy of Finding and Sentence to District Magistrate

Section 406 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) requires the Court of Session or a Chief Judicial Magistrate, after trying a case, to forward a copy of the finding and sentence, if any, to the District Magistrate within whose local jurisdiction the trial was held.

Act: Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023) | In force: 1 July 2024 | Updated: 12 September 2026

Text of Section 406 BNSS

406. Court of Session to send copy of finding and sentence to District Magistrate.

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.

Meaning of Section 406 BNSS

The provision creates a mandatory post-judgment communication duty. Once a case has been tried by a Court of Session or by a Chief Judicial Magistrate, a copy of the finding and the sentence, where a sentence has been imposed, must be sent to the District Magistrate for the district in which the trial took place.

  • Courts covered: a Court of Session and a Chief Judicial Magistrate.
  • Document to be sent: the finding and, where applicable, the sentence.
  • Recipient: the District Magistrate having local jurisdiction over the place where the trial was held.
  • Nature of duty: the section uses the word "shall", making forwarding of the copy a statutory requirement.

Why Section 406 is important

Section 406 provides an official channel by which the District Magistrate is informed of the outcome of criminal trials conducted by the Court of Session or the Chief Judicial Magistrate within the district. It concerns communication of the result of the trial and does not itself create a separate sentencing power or appellate remedy.

Corresponding provision under the Code of Criminal Procedure, 1973

Section 406 BNSS corresponds to Section 365 of the Code of Criminal Procedure, 1973, which carried the same subject heading and substantially the same requirement. The BNSS repealed the Code of Criminal Procedure, 1973 with effect from 1 July 2024, subject to the savings contained in Section 531 BNSS for specified pending proceedings and other matters.

Practical note: For proceedings that were already pending immediately before commencement of the BNSS, Section 531 should be checked to determine whether the former Code of Criminal Procedure continues to govern that proceeding.

Related BNSS provisions

Section 406 appears at the end of the provisions dealing with judgments. The immediately following provisions begin the chapter concerning submission of death sentences for confirmation.

Section 401 - Release on probation or after admonition Section 402 - Special reasons to be recorded in certain cases Section 403 - Court not to alter judgment Section 404 - Copy of judgment to accused and other persons Section 405 - Judgment when to be translated Section 407 - Death sentence to be submitted for confirmation Section 408 - Further inquiry or additional evidence Section 409 - High Court power to confirm sentence or annul conviction Section 410 - Confirmation or new sentence by two Judges

Official legal sources

For the authoritative Act text and current legislative information, refer to the official Government of India sources linked in the sidebar.