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CHAPTER XXIX THE JUDGMENT

Section 393: Language and contents of judgment

The Bharatiya Nagarik Suraksha Sanhita, 2023

(1) Except as otherwise expressly provided by this Sanhita, every judgment referred to in section 392,—

(a) shall be written in the language of the Court;

(b) shall contain the point or points for determination, the decision thereon and the reasons for the decision;

(c) shall specify the offence (if any) of which, and the section of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) or other law under which, the accused is convicted, and the punishment to which he is sentenced;

(d) if it be a judgment of acquittal, shall state the offence of which the accused is acquitted and direct that he be set at liberty.

(2) When the conviction is under the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) and it is doubtful under which of two sections, or under which of two parts of the same section, of that Sanhita the offence falls, the Court shall distinctly express the same, and pass judgment in the alternative.

(3) When the conviction is for an offence punishable with death or, in the alternative, with imprisonment for life or imprisonment for a term of years, the judgment shall state the reasons for the sentence awarded, and, in the case of sentence of death, the special reasons for such sentence.

(4) When the conviction is for an offence punishable with imprisonment for a term of one year or more, but the Court imposes a sentence of imprisonment for a term of less than three months, it shall record its reasons for awarding such sentence, unless the sentence is one of imprisonment till the rising of the Court or unless the case was tried summarily under the provisions of this Sanhita.

(5) When any person is sentenced to death, the sentence shall direct that he be hanged by the neck till he is dead.

(6) Every order under section 136 or sub-section (2) of section 157 and every final order made under section 144, section 164 or section 166 shall contain the point or points for determination, the decision thereon and the reasons for the decision.

Corresponding CrPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Leading cases

Questions on this section

5 questions in 14 of our papers cite Section 393. Try these from the free papers:

  1. 1. The provision challenged in Rishi Malhotra v. Union of India (dismissed by the Supreme Court on 18 August 2026) is Section 354(5) of the CrPC, which directs that a person sentenced to death be hanged by the neck till he is dead. Its counterpart in the Bharatiya Nagarik Suraksha Sanhita, 2023 is:

  2. 2. Consider the following statements with reference to judgments under the BNSS: 1. When the conviction is for an offence punishable with death or, in the alternative, with imprisonment for life or for a term of years, the judgment shall state the reasons for the sentence awarded and, for a sentence of death, the special reasons for it. 2. When the conviction is for an offence punishable with imprisonment for one year or more but the Court imposes imprisonment for less than three months, it shall record its reasons, unless the sentence is imprisonment till the rising of the Court or the case was tried summarily. 3. Where the judgment is pronounced by reading out its operative part, the Court shall, as far as practicable, upload a copy of the judgment on its portal within thirty days. Which of the statements given above is/are correct?

  3. 3. In Rishi Malhotra v. Union of India, decided on 18 August 2026, a writ petition challenged Section 354(5) of the Code of Criminal Procedure, 1973 (now Section 393(5) of the BNSS) insofar as it makes hanging the only method of executing a death sentence. The Supreme Court:

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