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.
these sections are:
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
(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.
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
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
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.
Karnataka :- Insert the following, after the proviso to
"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.
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