JUDGMENT K.B. Srivastava, J. - This reference raises an interesting question of law, which does not appear to have been decided so far by the Supreme Court or by any High Court. The point raised is of great public importance and in view of that when it came up for hearing before one of us, it was felt that it would be more appropriate if it was decided by a Division Bench, and that is how this matter has come up before us. 2. One Natha was prosecuted under Section 25, Arms Act and acquitted by the Sub-Divisional Magistrate, Sandila on January 31, 19)0. There. after, he made an application for a copy of the judgment to be given free of cost. The Judicial Record Keeper and the Office Superintendent submitted a report that a free copy of the judgment was admissible only to an accused who has been convicted and not to an accused who has been acquitted, and therefore, no copy should be issued until the copying charges were paid Natha joined issues and urged that he was entitled to be given a copy free of cost under Sub-section (1) of Section 271 of the Code of Criminal Procedure. The learned Sub Divisional Magistrate heard arguments and gave a decision on March 12, 1970 that Natha was not entitled to receive a copy of the judgment free of cost as he was an accused who had been acquitted and not convicted. Natha took up the matter in revision before the Sessions Judge, Hardoi who disagreeing with the view of the learned Sub-Divisional Magistrate that a free copy was admissible and on that basis, he made the present reference to this Court for quashing the order passed by the learned Magistrate and for the issue of a direction that a copy free of cost be given to Natha. 3. Natha did not appear before us either in person or through counsel. The learned Assistant Government Advocate, however, appeared to oppose the reference. 4. Before proceeding to interpret Section 371, we would like to give an outline of the general scheme of the Code of Criminal Procedure in respect of supply of copies. The Code has dealt with the following situations : (i) When a copy shall be given suo motu under the mandatory provisions of the Code, and without any application, and free of cost. The Code has dealt with the following situations : (i) When a copy shall be given suo motu under the mandatory provisions of the Code, and without any application, and free of cost. (ii) When a copy shall be given, free of cost, but only on the application or desire of the person applying for a copy. (iii) When a copy may be given or refused, at the discretion of the Court, whether on payment or free of cost, and (iv) When a copy shall be given, on the basis of an application, and on payment of necessary, charges, unless the payment is dispensed with. 5. The first category of cases will appear from Sections 103 (3), 103 (4), 115, 170 (5), 173 (4), 219 (2) and 490. Section 103 deals with a search to be made in the presence of witnesses. Section 103 (3) states that the occupant of the place searched, or some person in his behalf, shall, in every instance, be permitted to attend during the search, and a copy of the list prepared under this section, signed by the said witnesses, shall be delivered to such occupant or person. Section 103 (4) provides that when any person is searched under section 102, Sub-section (3), a list of all things taken possession of shall be prepared and a copy thereof shall be delivered to such person. The words "at his request" appearing at the end of Sub-sections (3) and (4) were omitted by section 15 of the Code of Criminal Procedure (Amendment) Act, 1955. After the amendment, therefore, the effect is that a copy of the search list has to be supplied to the person concerned whether a request is made by him or not. It is true that the Legislature has not used the words "free of cost", but the implication that the copy has to be given free of cost is inherent in the phraseology used and is also obvious and apparent. Indeed, the person has not even to make a re- quest for it, though such a request had to be made before the amendment. Section 115 deals with the copy of the order made under section 112 in security proceedings to accompany the summons or warrant. Indeed, the person has not even to make a re- quest for it, though such a request had to be made before the amendment. Section 115 deals with the copy of the order made under section 112 in security proceedings to accompany the summons or warrant. It says that every summons or warrant issued under section 114 shall be accompanied by a copy of the order made under section 112, and such copy shall be delivered by the Officer serving or executing such summons or warrant to the person served with or arrested under the same. It is thus necessary that a copy of the order passed under section 112 should accompany and be delivered to the person against whom a process is issued under section 114. The intention appears to be that any man who is called upon to meet the special and exceptional procedure laid down in Chapter VIII of the Code should, at his own house, have the fullest information compatible to the circumstances of the case as to the reason why his liberty is in danger of being interfered with, and in order to enable him, if he is in a position to do so, to bring evidence to rebut the truth of the information against him. In this section also there is no mention that the copy has to be delivered free of cost, but the inference is again patent and implicit in the provision. Section 170 relates to the execution of bonds when an accused person is sent to the Court of a Magistrate for the purpose of taking cognizance. Section 170 (5) says that the officer in whose presence the bond is executed shall deliver a copy thereof to one of the persons who executed it and shall then send to the Magistrate the original with his report. Here again, the meaning is plain that the copy has to be delivered free of cost. Section 173 deals with the report of a police officer. Here again, the meaning is plain that the copy has to be delivered free of cost. Section 173 deals with the report of a police officer. Sub-section (4) ordains that after forwarding a report under section 173, the officer incharge of the police station shall, before the commencement of the inquiry or trial, furnish or cause to be furnished to the accused, free of cost, a copy of the report forwarded under Sub-section (1) and of the first information report recorded under section 154 and of all other documents or relevant extracts thereof, on which the prosecution proposes to rely, including the statements and confessions, if any, recorded under section 164 and the statements recorded under Sub-section (3) of section 161 of all the persons whom the prosecution proposes to examine as its witnesses. Here the Legislature has itself used the words "free of cost". Section 219 provides for the contingency where additional evidence is recorded after commitment to the Court of Sessions and before the commencement of the trial Sub-section (2) says that such examination of supplementary witnesses, shall, if possible, be taken in the presence of the accused and where the Magistrate is not a Presidency Magistrate, a copy of the evidence of such witnesses shall be given to the accused free of cost. Section 490 provides that a copy of the order of maintenance shall be given without payment to the accused free of cost. Section 490 promade, or to his guardian, if any, or to the person to whom the allowance is to be paid. The Legislature has not used the words "free of cost" but has inserted the words "without payment" which means the same thing. The above situations (with the exception of section 371, to which he shall refer shortly) exhaust the occasions which require a copy to be given "free of cost" or "without payment", by the mandatory force of law, and without even the person eligible to obtain the copy applying for it. In addition to these, copies have to be supplied free of cost to certain officers, in certain contingencies, under rule 143, General Rules (Criminal). 6. Sections 210 (2), 422 and 539-B (2) are exhaustive of the second category of cases. Section 210 deals with framing of charges in inquiry proceedings. In addition to these, copies have to be supplied free of cost to certain officers, in certain contingencies, under rule 143, General Rules (Criminal). 6. Sections 210 (2), 422 and 539-B (2) are exhaustive of the second category of cases. Section 210 deals with framing of charges in inquiry proceedings. Sub-section (2) says that as soon as such charge has been framed, it shall be read and explained to the accused, and a copy thereof shall, if he so requires, be given to him free of cost. Section 422 deals with notice of appeals and says that if the appellate Court does not dismiss the appeal summarily, it shall cause a notice to be given to the appellant or his pleader, and to such officer as the State Government may appoint in this behalf, of the time and place at which such appeal will be heard, and shall on the application of such officer, furnish him with a copy of the grounds of appeal. Section 539-B deals with local inspections and the recording of a memorandum of the inspection. Sub-section (2) says that such memorandum shall form part of the record of the case. If the public prosecutor, the complainant or the accused so desired, a copy of the memorandum shall be furnished to him "free of cost". Thus these sections re- quire a copy to be given free of cost, when so required or desired or applied for by the persons covered by those sections. 7. There is only one section which has relevance to the third category of cases. Sub-section (5) of section 173 provides that if the police officer thinks that the disclosure to the accused of any part of any statement recorded under section 161 (5) is inexpedient in the public interests or is not essential in the interests of justice or it is not relevant to the subject-matter of inquiry, he may exclude such party from the copy of the statement furnished to the accused. But after the commencement of the inquiry or trial, the Magistrate may, if he thinks fit, direct the party so excluded to be supplied to the accused. It has been seen above that under Sub-section (4) of section 173, a police officer is to give certain copies free of post to an accused; and in doing so, under Sub-section (5), he may exclude certain parts. It has been seen above that under Sub-section (4) of section 173, a police officer is to give certain copies free of post to an accused; and in doing so, under Sub-section (5), he may exclude certain parts. The proviso to Sub-section (5), however says that at the commencement of the inquiry or trial the Magistrate shall after perusing the part so excluded and considering the report of the police officer, pass such orders, as he thinks fit, and if he so directs, a copy of the part so excluded or such portion thereof, as he thinks proper, shall be furnished to the accused. In such a contingency the copy has to be given free of cost. The Magistrate may decide to give or refuse to give the copy, in the given circumstances of a particular case. 8. The last group of cases is exhibited by sections 165 (5), 166 (5), 337 (1A) and 548. Section 165 deals with searches by police officers. Sub-section (5) says that copies of any record made regarding the search, shall forth- with be sent to the nearest Magistrate empowered to take cognizance of the offence and the owner or occupier of the place searched shall, on application, be furnished with a copy of the same by the Magistrate; provided that lie shall pay for the same unless the Magistrate for some special reason thinks fit to furnish it free of cost. Section 166 deals with the contingency when a police officer may require another to issue search warrant. Sub-section (5) provides that the owner or occupier of the place searched shall on application, be furnished with a copy of any record sent to the Magistrate; provided that he shall pay for the same unless the Magistrate for some special reason thinks fit to furnish it free of cost. Section 337 provides for tender of pardon, to accomplices. Sub-section (1-A) says that every Magistrate who tenders a pardon shall, on application made by the accused, furnish him with a copy of such record : provided that the accused shall pay for the same unless the Magistrate for some special reason thinks fit to furnish it free of cost. Section 337 provides for tender of pardon, to accomplices. Sub-section (1-A) says that every Magistrate who tenders a pardon shall, on application made by the accused, furnish him with a copy of such record : provided that the accused shall pay for the same unless the Magistrate for some special reason thinks fit to furnish it free of cost. Section 548 says that if any person affected by a judgment or order passed by a criminal Court desires to have a copy of the judge's charge to the jury or of any order or deposition or other part of the record, he shall, on applying for such, be furnished therewith, provided that he pays for the same unless the Court, for some special reason, thinks fit to furnish it free of cost. These sections thus provide for mandatory supply of copies; however, whether the supply shall be free of cost or on payment, has been left to the discretion of the Magistrate or Court. 9. Sections 373 and 379 also deal with the furnishing of copies by one Court to another. 10. The above discussion will throw light about the various provisions contained in the Code of Criminal Procedure, with regard to the sup. ply of copies of certain records, whether on application, or without it, and whether on payment or free of cost, or on payment or free of cost in the discretion of a Magistrate or Court. This is the general, scheme of the Code. 11. Keeping this general scheme in mind, it is time to consider the implications of section 371 which furnishes the key to the solution of the point of law raised in this reference. This section reads thus : "371. (1) On the application of the accused a 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. Such copy shall, in any case other than a summons case, be given free of cost. (2) In trials by jury in a Court of Session, a copy of the heads of the charge to the jury or, where a transcript of the charge forms part of the record under section 297, a copy of such transcript shall, on the application of the accused, be given to him without delay and free of cost. (2) In trials by jury in a Court of Session, a copy of the heads of the charge to the jury or, where a transcript of the charge forms part of the record under section 297, a copy of such transcript shall, on the application of the accused, be given to him without delay and free of cost. (3) 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. (4) When the accused is sentenced to imprisonment, then, without prejudice to the provisions of Sub-section (1) or Sub-section (2), a copy of the finding and sentence shall, as soon as may be after the delivery of the judgment, be given to the accused free of cost." It will at once appear from a scrutiny of this section that Sub-sections (1) and (5) and (4) deal with a case in which a judgment has already been delivered, while Sub-section (2) deals with a case where the trial is still on. A further break-up will show that Sub-sections (3) and (4) deal with a judgment of conviction and exclude a judgment of acquittal. The same however, cannot be said to be true of the provisions contained in Sub-section (1), and it appears to us that it covers both a judgment of conviction and a judgment of acquittal. Sub-section (1), when analysed, leads to the following implications: (a) in any case other than a summons case, (b) a copy of the judgment shall be given to the accused, (c) it shall be given free of cost, (d) in a summons case, however, the copy of the judgment shall be given on payment, (e) in either case, the accused has to make an application. 12. The contention of the learned Assistant Government Advocate is that the word "accused", as occurring in Sub-section (1). refers to an accused who has been convicted and not to an accused who has been acquitted, and while the former has the legal right to obtain, on his application, a copy of the judgment, free of cost, the latter has to pay for it. There appear to be several flaws in this argument. refers to an accused who has been convicted and not to an accused who has been acquitted, and while the former has the legal right to obtain, on his application, a copy of the judgment, free of cost, the latter has to pay for it. There appear to be several flaws in this argument. In the popular sense, an accused is a person who is charged with a crime, a person proceeded against by indictment, in- formation or other penal proceeding. Acquittal means his discharge from the charge, or suspicion of guilt or the act of his being set free from an accusation. A convict is one who has been only found guilty of a crime. A per. son who is an accused in a criminal case ceases to be so when judgment is delivered for the simple reason that he either becomes a convict or an acquitted person. The term "accused" has not been defined by the Code. The term has been used in a particular manner in various parts of the Code either to indicate a person who is undergoing a trial, or a person who has been convicted or a person who has been acquitted. The term occurs in Chapters VII-A, XIV, XV, XVII, XVIII, XIX, XX, XXI, XXII, XXIII, XXLV, XXV, XXVI, XXVII, XXVIII, XXX, XXXI, XXXII, XXXIV, XXXV, XXXVIII, XXXIX, XLI, XLIV and XLVI. The general meaning attached is that a person is an accused who is the subject of an inquiry before commitment proceedings, or who is under going his trial, but that general meaning has not been strictly adhered to in other sections, as a person has been referred to as an accused, in spite of a verdict of acquittal or in spite of a judgment of conviction or acquittal. Under section 250 (i), the word "accused" has been used in a more comprehensive rather in the general sense. It provides that where in a complaint case, a Magistrate discharges or acquits an accused he may, pass an order of discharge or acquittal, and call upon the complainant to show cause why he should not pay compensation to such accused, that is to say, to the accused who has been discharged or acquitted. The same comprehensive sense occurs in Sub-sections (2), (2-0) and (4) of this section. The same comprehensive sense occurs in Sub-sections (2), (2-0) and (4) of this section. In trials by jury before a Court of Session, under Sub-section (2) of section 306, if the accused is acquitted, the judge shall record judgment of acquittal. If the accused is convicted, the judge shall pass sentence on him according to law. The word "accused" has been related both to acquittal and conviction. Under section 366 (i) (b) and (2), the person accused is referred to as an accused at the time of pronouncement of judgment, irrespective of the fact whether it is a judgment of conviction or of acquittal. Section 367 (2) refers to a person as an accused at the time of his conviction and section 367 (4) refers to him as an accused at the time of his acquittal. Under section 372, the person is referred to as an accused even after the pronouncement of the judgment, irrespective again of the fact of conviction or acquittal. Under section 376, a person who has been convicted and sentenced to death, is referred to as an accused in spite of the conviction and sentence. Sections 384 and 385 refer to an accused who has been convicted as a "prisoner". So sections 38i, 387-A and 388 refer to an accused as an offender. Section 396 refers to a convicted accused as a convict. Sections 408, 409, 410, 411 and 411-A refer to a person convicted of an offence as a person "convicted on a trial" and the word "accused" has not been used. Section 423 refers to a per- son convicted of an offence as an appellant and to a person against whom an appeal against acquittal has been preferred, as an accused. Similarly, under section 427, a person acquitted of an offence is referred to as an accused. Section 428 (3) refers both to a convicted or acquitted person as accused. Under section 431 also, an acquitted k person has been called an accused. It is apparent, therefore, that the word "accused" has no specific or defined significance and is used comprehensively to cover (1) a person facing inquiry proceedings, or (2) a person undergoing a trial, or (3) a person who has been convicted or (4) a person who has been acquitted. 13. The Legislature has not used the word "accused" in one sense only under section 371. 13. The Legislature has not used the word "accused" in one sense only under section 371. Under Sub-section (2); the obvious reference is to a person who is still under trial. Under Sub- section (3), a duty has been cast upon the Court to inform an accused under sentence of death that he can appeal as of right and it has further to inform of the period within which his appeal could be preferred, Under Sub-section (4), if an accused is sentenced to imprisonment, a copy of the finding and sentence has to be given to him free of cost. Under Sub-section (1), the reference is to an accused as such and not to an accused who has been convicted. The facility of getting a copy, free of cost, of the finding and sentence is available only to a convicted accused. The privilege of obtaining a copy of the judgment, free of cost, under Sub- section (1) is open to any accused. The Legislature intended to give the additional facility of a free copy of the finding and sentence only to a convict- ed accused and that is why it said so in clear and express terms in Sub-section (4). Nothing prevented the Legislature from using the same type of phraseology in Sub-section (1). If the Legislature intended that a free copy of the judgment shall be given only to a per- son convicted of an offence and not to a person acquitted thereof, it could have used, in Sub-section (1) words such as "on the application of a person who has been convicted of an offence" or "on the application of the accused who has been convicted of an offence" or "on the application of the accused who has been sentenced", just as it has done in Sub-sections- (3) and (4) by using the words "when the accused is sentenced to death" or "when the accused is sentenced to imprisonment". We cannot understand why it did not use the words "on the application of the accused sentenced to death or imprisonment" in Sub-section (1). The learned Assistant Government Advocate argued that even though words like that have not been used, that was the intention of the Legislature'. A cause omissus, however, can in no case be sup- plied by a Court of law. The omission can only be supplied by Statute. The learned Assistant Government Advocate argued that even though words like that have not been used, that was the intention of the Legislature'. A cause omissus, however, can in no case be sup- plied by a Court of law. The omission can only be supplied by Statute. In Crawiord v. Spooner, 4 MIA 179, it was observed that : "If the Legislature did intend that much more, if the Legislature intended which it has not expressed clearly, something very different; if the Legislature intended something pretty nearly the opposite of what is said, it is not for judges to invent something which they do not meet with in the words of the text......... it is not for them so to supply a meaning, for, in reality, it would be supplying it : the true way in these cases is, to take the words as the Legislature have given them, and to take the meaning which the words given naturally imply, unless where the construction of those words is, either by the preamble or by the context of the words in question, controlled or altered; and, therefore, if any other meaning was intended than that which the words purport plainly to import, then let another Act supply that meaning, and supply the defect in the previous. Act." 14. The next line of argument canvassed before us was with regard to the purpose or object for which a copy is given, free of cost and it was urged, that a person who is convicted is invariably taken into custody, and has no resources of his own to apply for a copy of the judgment to enable him to file an underlying policy, the Legislature has given the facility of a free copy to him, but the same cannot hold good in respect of a person who is acquitted because he will not need any such copy. The purpose or object of enacting a section cannot always furnish a key to its interpretation. In interpreting the language of a statute, regard has to be had to the language used and not to the policy of the law behind it. The purpose or object of enacting a section cannot always furnish a key to its interpretation. In interpreting the language of a statute, regard has to be had to the language used and not to the policy of the law behind it. A person may be convicted and sentenced to imprisonment till rising of the Court, or a person may be convicted and released on probation of good conduct, or a person may be convicted and sentenced to pay a fine only; and in all such cases also, he may need a copy to file an appeal or revision. He would in all such cases be a free man in the sense that his physical liberty will not be under restraint. A person who has been acquitted of a charge may also need a copy of the judgment for reinstatement in service, if he is in Government service, or when an appeal or revision against his acquittal has been filed, or to raise a plea of issue estoppel or of antre foils acquit, or to enable him to institute a suit for malicious prosecution, or when branded as a criminal in future, to vindicate his honour by the judgment of acquittal, or for any other legitimate purpose. It is conceded that a free copy has t i be given to a person who has been sentenced to imprisonment. Such a per son may not file an appeal or revision against his conviction and allow him. self to serve out the sentence, and yet apply for a copy free of cost, and can it be said in his case that the copy will not be so given as he doest not need it either for filing an appeal or revision. The Legislature has not furnished any reason in the section why a copy is given, free of cost, and it is not for the Court to hunt out reasons. A copy of the judgment, free of cost, has to be given to an accused, on his application, by the mandatory force of section 371 (1). The word "accused" has been used in the sense of a person who was subjected to the trial, in which he was either convicted or acquitted. A copy of the judgment, free of cost, has to be given to an accused, on his application, by the mandatory force of section 371 (1). The word "accused" has been used in the sense of a person who was subjected to the trial, in which he was either convicted or acquitted. Any other sense will not be compatible with the language used in the sub-section, because the moment a judgment is pronounced, he ceases to be an accused and transforms himself either into a convict or a free man. 15. We, therefore, accept this reference, quash the order passed by the learned Magistrate and direct that a copy of the judgment shall be given to Natha free of cost, because the trial was not a trial in a summons case but in a warrant case.