Jan 15, 2018
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The Judgement under Code of Criminal Procedure, 1973

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The Judgement under Code of Criminal Procedure, 1973

Judgement (Section 353)

After the termination of the every trial in any criminal court of original jurisdiction. The Judgement shall pronounced in open court by the presiding officer of that court. Accordingly notice shall served to the parties or their pleaders by

  1. delivering the whole of the judgment; or
  2. reading out the whole of the judgment: or
  3. reading out the operative part of the judgment and explaining the substance of the judgment in a language interpreted by the accused or his pleader.

The judgment delivered the presiding officer shall taken down in short-hand, sign the transcript. Every page as soon as made ready and write on it the date of the delivery of the judgment in open Court. Where the judgment or the operative part shall dated and signed by the presiding officer in open Court. If not written with his own hand, every page of the judgment shall signed by him. As soon as the judgement passed in the manner specified, the copy of judgement shall immediately made available to the parties or their pleaders free of cost.

The accused  shall presented up to hear the judgment pronounced, if in custody. The accused shall required by the court to attend when judgement pronounced, if such accused not in custody. Except where his personal attendance during the trial has dispensed with fine only or acquitted.  Provided that, if the case has more one accused and one or more of them do not attend the Court on the date on which the judgment pronounced. The presiding officer may pronounce the judgement in their absence. The judgment delivered by any Criminal Court in absence of any party or his pleader shall not invalidate.  Nothing in this section shall construed to limit in any way the extent of the provisions of section 465.

 Language and contents of judgment (Section 354)

Every judgment referred to in section 353, shall :

  1. written in the language of the Court;
  2. contain the point or points for determination, the decision thereon and the reasons for the decision;
  3. specify the offence of which the accused convicted and also sentenced under any other law;
  4. if  judgment of acquittal passed. It shall state the offence of which the accused acquitted and direct his liberty.

The conviction made under the Indian Penal Code (45 of 1860) . There arises a confusion between two section or two parts of same section,that where will offence fall. The court shall express its opinion and also pass judgement in the alternative.

When the conviction of accused for an offence punishable with imprisonment for life or imprisonment for a term of years. The judgment passed shall state the reasons for the sentence awarded. In the case of sentence of death, the special reasons for such sentence.

When the conviction of an accused for an offence punishable with imprisonment for a term of one year of more. But the Court imposes a sentence of imprisonment for a term of less than three months. It shall record the reasons for awarding such sentence. Unless the sentence is one of imprisonment till the rising of the Court or unless the ease was tried summarily under the provisions of this Code.

When any person is sentenced to death, the sentence shall direct that he be hanged by the neck till he is dead. 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 the decision.

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Criminal law

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