Section 392 of BNSS : Section 392: Judgment.

Explanation using Example

Example 1:

Scenario: Rajesh is accused of theft and is on trial in a criminal court.

Application of Section 392:

1. Judgment Pronouncement: After the trial concludes, the judge announces that the judgment will be pronounced in open court in 30 days. Rajesh and his lawyer are notified of the date.
2. Delivery of Judgment: On the specified date, the judge reads out the entire judgment (clause (b) of sub-section (1)) in the courtroom. The judgment is then signed and dated by the judge in open court.
3. Availability of Judgment: A copy of the judgment is immediately made available to Rajesh and his lawyer free of cost. Additionally, the court uploads the judgment on its portal within seven days.
4. Accused in Custody: Since Rajesh is in custody, he is brought to the court to hear the judgment in person.
5. Absence of Accused: If Rajesh had multiple co-accused and one of them did not attend the court on the judgment day, the judge could still pronounce the judgment to avoid undue delay.

Example 2:

Scenario: Priya is accused of fraud and is out on bail during her trial.

Application of Section 392:

1. Judgment Pronouncement: The trial ends, and the judge informs Priya and her lawyer that the judgment will be pronounced in 20 days.
2. Delivery of Judgment: On the judgment day, the judge reads out the operative part of the judgment and explains the substance in Hindi, which Priya understands (clause (c) of sub-section (1)). The judgment is then signed and dated by the judge in open court.
3. Availability of Judgment: Priya and her lawyer receive a copy of the full judgment immediately after the pronouncement, and it is also uploaded on the court's portal within seven days.
4. Accused Not in Custody: Priya is required to attend the court to hear the judgment. Since she is not in custody, she attends the court voluntarily.
5. Absence of Accused: If Priya had co-accused who did not attend the court on the judgment day, the judge could still pronounce the judgment to avoid undue delay.

Example 3:

Scenario: Sunil is accused of assault and has been attending his trial regularly.

Application of Section 392:

1. Judgment Pronouncement: The trial concludes, and the judge announces that the judgment will be pronounced in 15 days. Sunil and his lawyer are notified of the date.
2. Delivery of Judgment: On the judgment day, the judge delivers the whole judgment in open court (clause (a) of sub-section (1)). The judgment is taken down in shorthand, and the transcript is signed and dated by the judge.
3. Availability of Judgment: Sunil and his lawyer receive a copy of the judgment immediately after the pronouncement, and it is uploaded on the court's portal within seven days.
4. Accused in Custody: Since Sunil is not in custody, he attends the court voluntarily to hear the judgment.
5. Absence of Accused: If Sunil had co-accused who did not attend the court on the judgment day, the judge could still pronounce the judgment to avoid undue delay.

Example 4:

Scenario: Anjali is accused of embezzlement and has been attending her trial regularly.

Application of Section 392:

1. Judgment Pronouncement: The trial ends, and the judge informs Anjali and her lawyer that the judgment will be pronounced in 10 days.
2. Delivery of Judgment: On the judgment day, the judge reads out the operative part of the judgment and explains the substance in English, which Anjali understands (clause (c) of sub-section (1)). The judgment is then signed and dated by the judge in open court.
3. Availability of Judgment: Anjali and her lawyer receive a copy of the full judgment immediately after the pronouncement, and it is also uploaded on the court's portal within seven days.
4. Accused Not in Custody: Anjali is required to attend the court to hear the judgment. Since she is not in custody, she attends the court voluntarily.
5. Absence of Accused: If Anjali had co-accused who did not attend the court on the judgment day, the judge could still pronounce the judgment to avoid undue delay.