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? I have been reading conflicting things online and I would like to understand what Indian law actually says about this, which Act and Section applies, what the realistic timelines and costs are, and what I should be doing right now to protect my position. If the matter can be resolved without litigation I would prefer that route, but I want to know what my rights are before I agree to anything or sign any document.

MyVakeel Legal Desk · Accepted Answer

How does a criminal court decide the sentence after finding someone guilty? is governed in India primarily by BNSS 2023 s.392, BNSS 2023 s.401 and Bharatiya Nyaya Sanhita 2023, Section 4. The short answer is set out below, followed by the practical steps most people in this situation need to take. Read it alongside the specific provisions named, because the exact 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 to do next: 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.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — most remedies under BNSS 2023 s.392 carry limitation periods, and a delay you cannot explain weakens an otherwise strong case. 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 this practice area.