Sections 402 and 403 mandate courts to explain denial of probation and restrict post-judgment changes, strengthening accountability in India’s justice system.
The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 introduces significant safeguards aimed at reinforcing judicial transparency and procedural consistency. Two notable provisions—Section 402 and Section 403—are designed to balance judicial discretion with accountability.
🟦 Section 402: Reasons Must Be Stated for Denying Probation
Under Section 402, if a court chooses not to grant probation or rehabilitation under Section 401 of BNSS or the Probation of Offenders Act, 1958, it is legally required to record special reasons for doing so.
This is particularly relevant in cases involving:
- First-time offenders, especially those under 21 years of age or women, who may otherwise qualify for non-custodial sentences.
- Juvenile offenders, who fall under special provisions like the Juvenile Justice Act, 2015, which emphasize correctional over punitive measures.
For example:
- A 20-year-old arrested for theft may legally be considered for probation. If the court chooses to sentence instead, it must justify the decision in writing.
- If a 17-year-old juvenile is sent to prison rather than a rehabilitation centre, the court must record why the exception was made.
Such mandates foster judicial accountability and ensure clarity in sentencing decisions, especially in sensitive cases involving youth or first-time offenders.
🟦 Section 403: No Post-Judgment Changes, Except Minor Errors
Once a final verdict or order is passed, Section 403 of BNSS bars the court from altering it, except for correcting:
- Clerical errors, such as typos or accidental omissions
- Arithmetical mistakes, like incorrect fine calculations
This provision protects the finality of judgments, a cornerstone of a stable legal system, and helps curb frivolous or repetitive litigation.
🔍 The Bigger Picture: Why These Sections Matter
Together, Sections 402 and 403:
- Make sentencing more transparent
- Discourage arbitrary punishment
- Preserve the integrity and stability of the judicial process
- Uphold public trust in the legal system
They also send a message that while courts retain discretion, that power must be exercised with accountability and fairness.
Stay informed on India’s evolving legal framework with Legal Updates. For deeper legal insights and analysis, explore our Views and Debates. Don’t miss our legal explainers and video stories on YouTube.
