Copy of judgment to be given to accused and other persons
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Summary
When an accused is sentenced to imprisonment, a copy of the judgment must be given to him immediately after pronouncement, free of cost. On application he is entitled to a certified copy or, if practicable, a translation into his own language; where the judgment is appealable that copy must be supplied free and without delay. For death sentences a certified copy must be given immediately free even without application, and the Court must inform the accused of the time limit for appeal. Others affected may obtain copies on payment; the Court may waive fees and the High Court may make rules for copies to other persons.
Example
Rohan is convicted and sentenced to five years imprisonment. The Court hands him a copy of the judgment immediately and free of cost. He applies for a certified copy and a translation into his language; because the judgment is appealable the Court must give the certified copy without delay and free of cost.
Bare Act
Enacted 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 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.
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