Judgment vs. Decree: Understanding Key Legal Terms with BNSS & CPC Updates
- Advocate Anil Lalla
- Sep 25
- 2 min read
Introduction:
The transition from the Criminal Procedure Code (CrPC) to the Bharatiya Nagarik Suraksha
Sanhita (BNSS) has updated the way criminal judgments are issued and interpreted.
Meanwhile, decrees remain the centerpiece of civil litigation under the Code of Civil Procedure (CPC). Get clarity and avoid confusion in your next case, whether you’re a
litigator or a business head.
Section 1: Judgment (BNSS Section 392)
- Definition:
A judgment is the formal statement by the judge setting out the grounds for a decree or
order after a criminal trial. It includes the facts found, evidence considered, law applied,
reasoning, and the final operative order (conviction or acquittal).
- Procedure:
Section 392 BNSS requires judgments to be pronounced in open court by the presiding
judge immediately at the conclusion of trial or within 45 days.
Judgment may:
- Deliver the whole text;
- Read the whole text;
- Read operative part with explanation.
- Nature:
Explanatory — it shows **why** the decision was reached, including legal reasoning and
factual findings.
- Example:
“The court finds Party A is the rightful owner of the property because the sale deed was
proven valid and unchallenged.”
Section 2: Decree (CPC Section 2(2)
- Definition:
A decree is the formal expression of an adjudication that conclusively determines the rights
of the parties regarding the matters in controversy.
- Essentials:
- Must arise from a suit;
- Must conclusively determine rights;
- May include rejection of plaint, Section 144 restitution, etc.
- Nature:
Executive — it is what is finally decided, enforcing the rights/liabilities established in
judgment.
- Final (if it disposes the suit)
- Preliminary (if further action is required)
- Example:
“The court decrees Party B must vacate the premises and hand possession to Party A
within 30 days.”
**Section 3: Key Differences**
| Judgment (BNSS) | Decree (CPC) |
| Explains “why” the court decides as it does | Specifies “what” the result is, enforced
by law |
| Pronounced under Section 392 BNSS (criminal cases) | Drawn under Section 2(2) CPC
(civil cases) |
| Not enforceable by itself | Executable by law; basis for enforcement action
Section 4: Implications for Practice
- In criminal cases, judgments under BNSS must follow strict timelines and open court
procedures for greater transparency.
- In civil cases, decrees are the enforceable outcome, and only they can be executed for
remedies like possession, injunction, or money recovery.
Conclusion:
Understanding the difference between a judgment and a decree ensures your applications,
appeals, and enforcement actions are accurate under India’s updated legal regime. For
detailed compliance, drafting tips, and case strategies, consult LallaNLalla.com.
(caution : These articles cannot and should not be considered as a replacement of a professional legal advice as there are many intricacies that may not have mentioned here).
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