Sections 353 and 354 CrPC: Judgment, Language and Contents of Judgment

Section 353(1): The judgment in every trial in any Criminal Court of original jurisdiction is to be pronounced in open Court by the presiding officer immediately after termination of the trial, or at a subsequent time of which notice is given to the parties or their pleaders. It may be pronounced by delivering the whole judgment, reading out the whole judgment, or reading out the operative part and explaining the substance in a language understood by the accused or the accused's pleader.

Section 353(2): Where the whole judgment is delivered, the presiding officer is to cause it to be taken down, sign the transcript and every page when ready, and record the date of delivery in open Court.

Section 353(3): Where the judgment or operative part is read out, it must be dated and signed by the presiding officer in open Court. If not written in the presiding officer's own hand, every page must be signed.

Section 353(4): If only the operative part is pronounced with an explanation of the substance, the whole judgment or a copy must immediately be made available for perusal by the parties or their pleaders free of cost.

Section 353(5): If the accused is in custody, the accused is to be brought up to hear the judgment pronounced.

Section 353(6): If the accused is not in custody, the Court ordinarily requires attendance to hear judgment. The provision contains exceptions where personal attendance during trial was dispensed with and the sentence is fine only, or the accused is acquitted. It also permits pronouncement despite absence of one or more accused in a multi-accused case where necessary to avoid undue delay.

Section 353(7): A judgment is not invalid merely because a party or pleader was absent at the notified time or place, or because of an omission or defect in service of notice.

Section 353(8): The section does not limit Section 465 CrPC, which dealt with the effect of errors, omissions or irregularities in criminal proceedings.

Section 354(1)(a): The judgment is to be written in the language of the Court.

Section 354(1)(b): It must contain the point or points for determination, the decision on those points and the reasons for the decision.

Section 354(1)(c): A judgment of conviction must specify the offence, the relevant provision of the Indian Penal Code, 1860 or other law under which the accused is convicted, and the punishment imposed.

Section 354(1)(d): A judgment of acquittal must state the offence of which the accused is acquitted and direct that the accused be set at liberty.

Section 354(2): Where a conviction under the IPC could fall under either of two sections, or two parts of the same section, the Court is to distinctly express the doubt and pass judgment in the alternative.

Section 354(3): For an offence punishable with death or, alternatively, imprisonment for life or a term of years, the judgment must state reasons for the sentence. A death sentence requires special reasons.

Section 354(4): Where an offence is punishable with imprisonment for one year or more but the Court awards imprisonment for less than three months, reasons must ordinarily be recorded, subject to the statutory exceptions for imprisonment till the rising of the Court and summary trials.

Section 354(5): Under the CrPC text applicable to the period covered by this article, a death sentence was required to direct that the person be hanged by the neck till dead.

Section 354(6): Orders under Section 117 or Section 138(2), and final orders under Sections 125, 145 or 147, were required to contain the points for determination, the decision and the reasons.