Judgment, Language and contents of judgment are defined under Section
353 and 354 of CRPC 1973.
these sections are:
353 of CRPC
judgment in every trial in any Criminal Court or original
jurisdiction shall be pronounced in open Court by the
presiding officer immediately after the termination of the
trial or at some subsequent time of which notice shall be
given to the parties or their pleaders:-
(a) by delivering the whole of the judgment; or
(b) by reading out the whole of the judgment; or
(c) by reading out the operative part of the judgment and
explaining the substance of the judgment in a language which
is understood by the accused or his pleader.
(2) Where the
judgment is delivered under clause (a) of sub-section (1),
the presiding officer shall cause it to be taken down in
short-hand, sign the transcript and every page thereof as
soon as it is made ready, and write on it the date of the
delivery of the judgment in open Court.
(3) Where the judgment or the operative part thereof is read
out under clause (b) or clause (c) of sub-section (1) as the
case may be, it shall be dated and signed by the presiding
officer in open Court, and if it is not written with his own
hand, every page of the judgment shall be signed by him.
(4) Where the judgment is pronounced in the manner
specified in the clause (c) of sub-section (1), the whole
judgment or a copy thereof shall be immediately made
available for the perusal of the parties or their pleaders
free of cost.
(5) If the accused is in custody, he shall be brought up to
hear the judgment pronounced.
(6) If the accused is not in custody, he shall be required
by the Court to attend to hear the judgment pronounced,
except where his personal attendance during the trial has
been dispensed with and the sentence is one of fine only or
he is acquitted:
Provided that, where there are more accused than one, and
one or more of them do not attend the Court on the date on
which judgment is to be pronounced, the presiding officer
may, in order to avoid undue delay in the disposal of the
case, pronounce the judgment notwithstanding their absence.
(7) No judgment delivered by any Criminal Court shall be
deemed to be invalid by reason only of the absence of any
party or his pleader on the day or from the place notified
for the delivery thereof, or of any omission to serve, or
defect in serving, on the parties or their pleaders, or any
of them, the notice of such day and place.
(8) Nothing in this section shall be construed to limit in
any way the extent of the provisions of Section 465
354 of CRPC
"Language and contents of judgment"
(1) Except as otherwise expressly provided by this Code,
every judgment referred to in Section 353,-
(a) shall be written in the language of the Court;
(b) shall contain the point or points for determination, the
decision thereon and the reasons for the decision;
(c) shall specify the offence (if any) of which, and the
Section of the Indian Penal Code (45 of 1860) or other law
under which, the accused is convicted, and the punishment to
which he is sentenced.
(d) if it be a judgment of acquittal, shall state the
offence of which the accused is acquitted and direct that he
be set at liberty.
(2) When the conviction is under the Indian Penal Code (45
of 1860) and it is doubtful under which of two sections, or
under which of two parts of the same section, of that Code
the offence falls, the Court shall distinctly express the
same, and pass judgment in the alternative.
(3) When the conviction is for an offence punishable with
death or, in the alternative, with imprisonment for life or
imprisonment for a term of years, the judgment shall state
the reasons for the sentence awarded, and, in the case of
sentence of death, the special reasons for such sentence.
(4) When the conviction is for an offence punishable with
imprisonment for a term of one year or more, but the Court
imposes a sentence of imprisonment for a term of less than
three months, it shall record its reasons for awarding such
sentence, unless the sentence is one of imprisonment till
the rising of the Court or unless the case was tried
summarily under the provisions of this Code.
(5) When any person is sentenced to death, the sentence
shall direct that he be hanged by the neck till he is dead.
(6) Every order under Section 117 or sub-section (2) of
Section 138 and every final order made under Section 125,
Section 145 or Section 147 shall contain the point or points
for determination, the decision thereon and the reasons for
Judgment? What should be Language and contents of judgment? Section 353
and 354 of Code of Criminal Procedure 1973
Metropolitan Magistrate's judgment? What is Order for
notifying address of previously convicted offender? Section 355
and 356 of Code of Criminal Procedure 1973
Order to pay compensation? Section 357 of Code of Criminal Procedure 1973
compensation to persons groundlessly arrested? What is order
to pay costs in non-cognizable cases? Section 358 and 359 of Code of Criminal Procedure 1973
order to release on probation of good conduct or after
admonition? Section 360 of Code of Criminal Procedure 1973
Special reasons to be recorded in certain cases? Court not
to alter judgment, Copy of judgment to be given to the
accused and other persons. Section 361, 362 and 363 of Code of Criminal Procedure 1973
Judgment when to be translated? Court of Session to send
copy of finding and sentence to District Magistrate. Section 364
and 365 of Code of Criminal Procedure 1973
SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION
Sentence of death to be submitted by Court of Session
for confirmation. What is Power to direct further inquiry to
be made or additional evidence to be taken? Section 366 and
367 of Code of Criminal Procedure 1973
What is the Power of High Court to confirm sentence or annul
conviction, What is Confirmation or new sentence to be
signed by two Judges, What is Procedure in case of
difference of opinion? What is Procedure in cases submitted
to High Court for confirmation? Section 368, 369, 370 and
371 of Code of Criminal Procedure 1973