What is 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

Special reasons to be recorded in certain cases, Court not to alter judgment and copy of judgment to be given to the accused and other persons are defined under Section 361, 362 and 363 of CRPC 1973. Provisions under these sections are:

Section 361 of CRPC "Special reasons to be recorded in certain cases"

Where in any case the Court could have dealt with,-

(a) an accused person under Section 360 or under the provisions of the Probation of Offenders Act, 1958 (20 of 1958); or

 

 

 

 

(b) a youthful offender under the Children Act, 1960 (60 of 1960) or any other law for the time being in force for the treatment, training or rehabilitation of youthful offenders, but has not done so, it shall record in its judgment the special reasons for not having done so.

 

Section 362 of CRPC "Court not to alter judgment"

Save as otherwise provided by this Code or by any other law for the time being in force, no Court, when it has signed its judgment or order disposing of a case, shall alter or review the same except to correct a clerical or arithmetical error.

 

Section 363 of CRPC "Copy of judgment to be given to the accused and other persons"

(1) When the accused is sentenced to imprisonment, a copy of the judgment shall, immediately after the pronouncement of the judgment be given to him free of cost.

(2) On the application of the accused, a certified 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, and such copy shall, in every case where the judgment is appealable by the accused, be given free of cost:

Provided that where a sentence of death is passed or confirmed by the High Court, a certified copy of the judgment shall be immediately given to the accused free of cost whether or not he applies for the same.

(3) The provisions of sub-section (2) shall apply in relation to an order under Section 117 as they apply in relation to a judgment which is appealable by the accused.

(4) 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.

(5) Save as otherwise provided in sub-section (2), any person affected by a judgment or order passed by a Criminal Court shall, on an application made in this behalf and on payment of the prescribed charges, be given a copy of such judgment or order or of any deposition or other part of the record:

Provided that the Court may, if it thinks fit for some special reasons, give it to him free of cost.

(6) The High Court may, by rules, provide for the grant of copies of any judgment or order of a Criminal Court to any person who is not affected by a judgment or order, on payment, by such person, of such fees, and subject to such conditions, as the High Court may, by such rules, provide.

STATE AMENDMENT

Karnataka :- Insert the following, after the proviso to sub-section (5),

"Provided further that the State shall, on an application made in this behalf by the Prosecuting Officer, be given, free of cost, a certified copy of such judgment, order deposition or record with the prescribed endorsement" - Karnataka Act 19 of 1985, w.e.f. 25-6-1985.

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