Chapter XXVII
Section 363 CrPC: Copy of judgment to be given to the accused and other persons
New Law Update (2024)
Section 398 BNSS
TRIAL COURT
Criminal Courts
Punishment
Procedural – Judgment / Sentencing
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(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 117 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 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.
(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.
Important Sub-Sections Explained
Section 363(1) & (2) CrPC
Sub-section (1) mandates that an accused sentenced to imprisonment must immediately receive a free copy of the judgment upon its pronouncement. Sub-section (2) further ensures that an accused can obtain a certified copy of the judgment, potentially translated into their language, without delay, and this copy must be free of cost if the judgment is appealable or involves a death sentence.
Landmark Judgements
M.H. Hoskot v. State of Maharashtra (1978):
The Supreme Court held that providing free legal services to an indigent accused, including the provision of a free copy of the judgment, is an essential component of ‘reasonable, fair and just’ procedure guaranteed under Article 21 of the Constitution. This right extends to the stage of appeal.
B. R. Mehta v. State of Tamil Nadu (1983):
The Supreme Court reiterated the importance of providing a free copy of the judgment to an indigent accused to facilitate the exercise of their right to appeal, emphasizing that access to justice should not be denied due to poverty.