Copy of judgment to be given to accused and other persons
Section 404 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with copy of judgment to be given to accused and other persons. When the accused is sentenced to imprisonment, a copy of the judgment shall, immediately after the pronouncement of the judgment, be given to him free of cost. The Act came into force on 01 Jul 2024.
(1) When the accused is sentenced to imprisonment, a copy of the judgment shall, immediately after the pronouncement of the judgment, be given to him free of cost.
(2) On the application of the accused, a certified copy of the judgment, or when he so desires, a translation in his own language if practicable or in the language of the Court, shall be given to him without delay, and such copy shall, in every case where the judgment is appealable by the accused, be given free of cost:
Provided that where a sentence of death is passed or confirmed by the High Court, a certified copy of the judgment shall be immediately given to the accused free of cost whether or not he applies for the same.
(3) The provisions of sub-section (2) shall apply in relation to an order under section 136 as they apply in relation to a judgment which is appealable by the accused.
(4) When the accused is sentenced to death by any Court and an appeal lies from such judgment as of right, the Court shall inform him of the period within which, if he wishes to appeal, his appeal should be preferred.
(5) Save as otherwise provided in sub-section (2), any person affected by a judgment or order passed by a Criminal Court shall, on an application made in this behalf and on payment of the prescribed charges, be given a copy of such judgment or order or of any deposition or other part of the record:
Provided that the Court may, if it thinks fit for some special reason, give it to him free of cost:
Provided further that the Court may, on an application made in this behalf by the Prosecuting Officer, provide to the Government, free of cost, a certified copy of such judgment, order, deposition or record.
(6) The High Court may, by rules, provide for the grant of copies of any judgment or order of a Criminal Court to any person who is not affected by a judgment or order, on payment, by such person, of such fees, and subject to such conditions, as the High Court may, by such rules, provide.
Section 404, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 363 Copy of judgement to be given to the accused and other persons Text carried over almost unchanged 94%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Dr. Rajesh Verma vs Sri Trinath Gorh
Decided under Code of Criminal Procedure 363, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
In cheque dishonour cases under Section 138 of the Negotiable Instruments Act, once the complainant establishes prima facie that a cheque was issued and dishonoured, statutory presumptions under Sections 118 and 139 arise in favour of the holder. The burden then shifts to the accused to rebut these presumptions by leading cogent and credible evidence demonstrating that no legally enforceable debt existed or that the cheque was not issued in discharge of such debt. Mere denial or plausible explanation by the accused is insufficient; the accused must necessarily disprove the prosecution case through substantive evidence. Failure to put suggestions to the complainant during cross-examination or to adduce defence evidence results in acceptance of the complainant's version and conviction of the accused.
On this section: Procedure for providing copy of judgment. The court directed that a copy of the judgment be given to the convict free of cost as per this provision.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 404
What have the courts held on Section 404 of the Bharatiya Nagarik Suraksha Sanhita?
Dr. Rajesh Verma vs Sri Trinath Gorh (07 Oct 2025) is the leading judgment on this section among those set out below, though it was decided under CRPC 363, which this section replaced -- the court never mentioned this Act: Procedure for providing copy of judgment. The court directed that a copy of the judgment be given to the convict free of cost as per this provision.
How do I find court cases under Section 404 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 404, section 404 BNSS, section 404 of the Bharatiya Nagarik Suraksha Sanhita. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Dr. Rajesh Verma vs Sri Trinath Gorh (07 Oct 2025).
What should I read with Section 404 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on section 136 (Order to give security), so none of them can safely be read on its own. It carries forward CrPC 363 (Copy of judgement to be given to the accused and other persons), so the judgments decided under that provision are the case law on this one.
When did Section 404 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 404 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 404, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.