How does a criminal court decide the sentence after finding someone guilty?

Question

The court has found the accused guilty in my case. How is the judgment pronounced and how does the court decide what sentence to give? Before I spend money on it, I want to know whether BNSS 2023 s.392 gives me a remedy here and what proof I would need. Any Section numbers I can quote when I write to them would be useful.

MyVakeel Legal Desk · Accepted Answer

BNSS 2023 s.392, BNSS 2023 s.401 and Bharatiya Nyaya Sanhita 2023, Section 4 is what decides this question in India. Read it alongside the provisions named, because the relief available to you turns on the facts you can prove on paper.

BNSS s.392 requires the judgment to be pronounced in open court, in the language of the court, stating the offence for which and the Section under which the accused is convicted, and the punishment awarded.

Under s.401, before passing sentence the court must hear the accused on the question of sentence separately from the question of guilt, giving them an opportunity to place mitigating circumstances such as age, background, health or being a first-time offender.

BNS s.4 sets out the categories of punishment (death, imprisonment for life, imprisonment, forfeiture of property, fine) and the specific offence Section prescribes the range within which the court must sentence, subject to any minimum mandatory sentence.

The court records reasons for imposing a particular sentence, and in cases where the death penalty is a possible sentence, special reasons must be recorded under the 'rarest of rare' doctrine before it can be awarded.

The judgment and sentencing order together form an appealable order, and the convicted person has the right to a certified copy free of cost to enable filing an appeal within the limitation period.

What this means for you: 1) Prepare mitigating circumstances and documents (age, health, dependents, clean antecedents) in advance of the sentencing hearing; 2) Ensure your lawyer specifically addresses the court on sentence, not only on guilt; 3) Obtain a certified copy of the judgment immediately after pronouncement; 4) Calculate the appeal limitation period from the date of judgment and act within it.

Where the facts are disputed, what usually decides a sentencing procedure matter is the paper trail — dated complaints, acknowledgments and written replies under BNSS 2023 s.392. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in criminal law.