DECISIONS AS TO SPECIFIC PUNISHMENTS
(1) Sentence to death.
Due to the irreversible nature of capital punishment, awarding a death sentence requires extreme judicial caution and rigorous legal checks under the Bharatiya Nagarik Suraksha Sanhita (BNSS).
Under Section 393(3) BNSS, a trial court must record “special reasons” justifying a death sentence over life imprisonment, typically reserved for extreme scenarios such as exceptional brutality or crimes by professional criminals against vulnerable victims.
Sentences must explicitly mandate hanging until death under Section 393(5) BNSS, but no trial court sentence is final or executable until it is reviewed and confirmed by a High Court Bench of at least two judges via a mandatory reference under Section 407(1) BNSS.
Functioning as a continuation of the original trial, the High Court independently re-evaluates all evidence—with powers under Sections 408 and 409 BNSS to collect fresh evidence, alter charges, modify sentences, order retrials, or acquit the accused—ensuring complete safeguard against judicial error before confirmation.
(2) Sentence of imprisonment.
Penal statutes typically establish maximum limits rather than mandatory minimum terms for imprisonment, giving courts wide discretion to assess sentence length based on the offense’s severity, motive, victim harm, and offender background.
Because short prison stays inflict social stigma without providing meaningful time for institutional rehabilitation, Section 393(4) BNSS restricts short-term imprisonment by requiring judges to explicitly record written reasons whenever awarding a sentence under three months for an offense punishable by a year or more, excluding summary trials and sentences until the rising of the court.
Furthermore, when an offender is convicted of multiple offenses in a single trial, Section 25 BNSS allows the court to direct whether sentences run concurrently or consecutively.
Following the principle in O.M. Cherian v. State of Kerala, offenses originating from a single transaction typically run concurrently, while consecutive sentences remain subject to statutory caps prohibiting an aggregate term from exceeding 14 years or twice the court’s single-offense sentencing capacity.
(3) Sentence of fine.
Fines serve as a flexible statutory penalty primarily for less serious offenses, applicable either as an independent punishment, an alternative, or an addition to imprisonment.
When determining the quantum of a fine, courts must evaluate the offender’s financial capacity, keeping in mind that under Section 8(1) BNS, unrestricted fine limits must remain reasonable and never excessive.
To enforce compliance, Section 8(2) BNS authorizes courts to mandate default imprisonment for non-payment, which runs in addition to any substantive sentence.
For offenses punishable by both imprisonment and fine, default terms are legally capped at one-fourth of the maximum prison sentence designated for that crime.
When ordered by a Magistrate under Section 24 BNSS, default imprisonment must remain within their statutory competence under Section 23 BNSS and cannot exceed one-fourth of their maximum sentencing capacity for the offense, though it may extend beyond their maximum allowable substantive sentence.
For minor offenses punishable only by fine or community service, default imprisonment must be simple, scaled strictly by monetary tiers—up to two months for fines up to ₹5,000, up to four months for fines up to ₹10,000, and a maximum of one year for higher amounts.
4. PRECAUTIONARY AND PREVENTIVE ORDERS
To prevent habitual offending and maintain public order, the law empowers courts to issue precautionary and preventive measures alongside standard penal sentences.
Under Section 394 BNSS, when a person with a prior conviction carrying a sentence of three years or more is again convicted of an offense punishable by three or more years, the court may order them to officially report their whereabouts for a maximum period of five years after completing their prison sentence.
Furthermore, under Section 125 BNSS, if a Sessions Court or a First Class Magistrate convicts an offender of a crime involving a breach of peace, the court may require the individual to provide security to guarantee peaceful behavior for a designated term of up to three years beyond their primary sentence.
5. COMPENSATION AND COSTS
(1) Guilty person to compensate the victim and to pay the costs of the prosecution.
Section 395 of the BNSS integrates civil restitution with criminal justice, authorizing courts to grant prompt monetary relief to victims alongside penal sanctions without necessitating a separate civil lawsuit.
Under Section 395(1) BNSS, court-collected fines may be directed toward covering prosecution costs, compensating civilly actionable injuries, supporting dependents of deceased victims under the Fatal Accidents Act 1855, or reimbursing innocent buyers of restored stolen property.
Where no fine forms part of the sentence, Section 395(3) BNSS permits courts to directly order an offender to pay fixed compensation to the victim, while specific offenses under Sections 65, 70, and 124(1) BNS mandate direct payment of fines to victims alongside potential government-backed compensation schemes when the offender lacks financial means.
In determining these amounts, courts evaluate the nature of the crime, harm suffered, and the offender’s ability to pay, while ensuring under Sections 461 and 471 BNSS that unpaid compensation can be recovered using standard fine recovery procedures or enforced through default imprisonment terms.
(2) Order to pay costs to the successful complainant.
Under Section 400 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), when a trial for a non-cognizable offense initiated by a private complaint results in a conviction, the court is empowered to order the convicted individual to reimburse the successful complainant for the costs incurred in prosecuting the case.
This financial restitution can cover the prosecution expenses either in whole or in part and is awarded over and above any primary criminal sentence or fine imposed for the underlying crime.
Furthermore, Section 400 BNSS authorizes the court to mandate that if the convicted person defaults on paying these ordered costs, they will be subjected to simple imprisonment for a period extending up to 30 days.
(3) Compensation for wrongful arrests.
Under Section 399 BNSS, if a magistrate determines that a person caused a police officer to arrest another without sufficient ground, that person can be ordered to pay up to ₹1,000 in compensation to each wrongfully arrested individual to cover lost time and expenses, recoverable as a fine or enforceable through up to 30 days of simple imprisonment.
Beyond individual liability, judicial precedents allow courts to direct the State, police, or complainants to pay compensation or costs for harassment, illegal actions, or failed prosecutions.
Additionally, Section 396 BNSS provides victim compensation even when no prosecution occurs, supported by Supreme Court guidelines requiring courts to grant interim financial relief upon taking cognizance of crimes like acid attacks and rape.
Complementing this, Section 397 BNSS strictly mandates that all hospitals provide free, immediate medical treatment and notify the police for victims of acid attacks, specified sexual offenses, or POCSO violations, making any failure to render aid penal under Section 200 BNS.
6. PRONOUNCEMENT OF JUDGMENT
(1) Modes of pronouncing the judgment
Under Section 392 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), a criminal judgment serves as the court’s definitive decision announced in open court, establishing complete certainty and transparency for both the parties involved and the general public.
To eliminate long-standing judicial delays, the presiding officer must pronounce the verdict immediately upon trial completion or within a mandatory 45-day deadline.
This delivery can occur by reading or handing down the full text, or by reciting the operative order while explaining its core substance in an understandable language.
Every judgment must be dated and signed by the judge in open court—with dictated transcripts signed on every page—and when only operative portions are read, a full copy must be provided free of cost immediately and uploaded to the court portal within 7 days.
Furthermore, while an accused facing prison time must generally be present in person or via audio-video electronic means during conviction, courts are explicitly authorized to pronounce judgment in the absence of a co-accused to prevent unnecessary delays in multi-defendant cases.
(2) Court not to alter judgment.
Under Section 403 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), once a court signs its judgment or final order that disposes of a criminal case, it is strictly prohibited from reviewing, altering, or modifying the decision.
Except as explicitly authorized by specific provisions of the law, the court loses jurisdiction over the matter upon signing, ensuring absolute finality in criminal adjudications.
The sole exception to this rule allows the court to make alterations exclusively to rectify clerical or arithmetical errors, such as typographical mistakes or calculation slips.