Bharatiya Nagarik Suraksha Sanhita, 2023
Section 258
Judgment of acquittal or conviction
(1) After hearing arguments and points of law (if any), the Judge shall give a judgment in the case, as soon as possible, within a period of thirty days from the date of completion of arguments, which may be extended to a period of forty-five days for reasons to be recorded in writing.
(2) If the accused is convicted, the Judge shall, unless he proceeds in accordance with the provisions of section 401, hear the accused on the questions of sentence, and then pass sentence on him according to law.
Why this exists
This ensures trials actually conclude promptly instead of judgments being reserved indefinitely, a common complaint about India's courts - the 30/45-day deadline is a new addition in BNSS aimed at reducing delay. It also protects the fundamental principle that punishment isn't decided in the same breath as guilt: the convicted person must get a separate hearing to argue for leniency before sentencing. This corresponds to section 235 of the earlier Code of Criminal Procedure, with the new time limit added.
Common misconceptions
- Myth: The judge decides guilt and punishment at the same moment.
Fact: Sentencing requires a separate hearing after conviction where the accused can argue for a lighter punishment.