Section 392 of BNSS : Section 392: Judgment.

BNSS

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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 imme...

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