INTRODUCTION

There is no proper definition of judgement mentioned in the Criminal Procedure Code,

1973.” It can be understood as the final order of the court, a trial that terminates either in
conviction of the accused (if found guilty) or acquittal of the accused (if found innocent).
Chapter 27 of the Code of Criminal Procedure,1973 deals with matters relating to
judgement and the delivery of judgement.

In the case of Surendra Singh v. State of UP1, the Supreme Court said that “A judgement
is a final decision of the court intimated to the parties and the world at large by formal
“pronouncement” or “delivery” in open court and until a judgment is delivered the judges
have a right to change their mind.”

1
1954 AIR 194
 CONTENTS OF JUDGEMENT
(SECTION 354)
According to this section: -

1. Judgment shall be in the language of court and can be translated if required as per
Section 364 CrPC.
Language of the court - Section 272 deals with language of the court. It provides
that the State government may determine what shall be, for purposes of this Code, the
language of each Court within the State other than the High Court.
2. It shall contain:
 Points to be determined in that case
 Findings on both the points, or decision on both points as per evidence on
record.
 Reasons given by the court for these findings or decisions. If the appellate
court agree with findings of the lower court reasons need not be repeated.
 If there is any doubt as regards to under which section an offence falls viz.,
option of falling under 2 section or 2 parts of same section then it shall be
mentioned by court and pass judgment in alternative.
3. Specific of offence:
 On conviction! The judgment shall specify the offence by mentioning Section
of IPC or any other law for the time being in force for which accused is
convicted and sentenced.
 On Acquittal! If judgment is of acquittal, the offence for which accused is
acquitted shall be mentioned and direction be given that he be set free at
liberty.
4. Reason for punishment:
 When death penalty awarded: In cases where offence is punishable with
death or alternative with life imprisonment or any other imprisonment, the
court shall record the reasons for that and in case of death sentence, special
reasons are to be given making it rarest of rare case as per Supreme Court
Judgment and pass an order to hang him by neck till he is dead.
 When lesser punishment given than prescribed by law: When
imprisonment for offence punishable with one year or more is there and
accused is given imprisonment of less than 3 months in that case, court must
record reasons for that except in cases of summary trial or imprisonment till
the rising of the court.
NOTE: The decision of trial court sentencing the accused with death penalty is not
final unless it is confirmed by the High Court under Section 368 of CrPC. Court
needs to state special reasons while passing such sentence and shall award death
penalty in rarest of rare cases.
 JUDGMENT IN ABRIDGED FORM
(SECTION 355)
Metropolitan magistrate is required to record the following particulars at the time of passing
a judgment:
a) Serial number of the case.
b) Date on which offence has been committed.
c) Complainant’s name.
d) Name of accused and his parents and residence.
e) What offence is complained of or proved.
f) Plea of accused and his examination.
g) Final order passed
h) Date on which that order is passed.
i) Cases in which appeal lies from final order under Section 373 or under Section
374(3), along with brief statement of the reasons of such decision.
SPECIAL COMPONENTS OF JUDGMENTS

1) Section 356: Order to notify address

 This section pertains to individuals who have been previously convicted by a
court U/s 215, 489A, 489B, 489C, 489D, 506, or any offense under chapter XII,
Chapter XVI, or Chapter XVII – for which imprisonment is 3 years or more.
 The section is enacted to monitor the activities of habitual offenders, such as
thieves, thugs, counterfeiters, and cheaters.
 Follow up: Information and details about such individuals must be notified to
the court for 5 years from their release.
 However, If the conviction is set-aside later, on appeal, then the order passed
under this section becomes void.
 Notifying the address is not mandatory, but the court may order it if necessary.

2) Section 357: Order to pay compensation

 Compensation under this section is awarded regardless of the offence being
punishable by a fine, but only if the offender is convicted and compensated.
 Power given to Court u/s 357: The court can order the entire or part of a fine
to cover prosecution expenses, compensation for victims of loss or injury,
compensation for criminal misappropriation, breach of trust, cheating, etc. The
compensation is recoverable from civil court.
 However, fine need not to be paid till expiry of appeal period and if appeal
made then till its judgment is passed.
 Moreover, when a subsequent civil suit to recover compensation on same issue
is successful then the money paid under this section must be taken into
account.

3) Section 358: Compensation to persons groundlessly arrested

The section offers compensation to individuals who have been arrested groundlessly.
This section requires a person to have caused another person to be arrested by a
police officer and the Magistrate to find no sufficient grounds for the arrest. The
Magistrate can award a maximum of 1000 rupees to the arrested person. If the
payment is not made, then the person will be sentenced to simple imprisonment for
up to 30 days.
4) Section 359: Order to pay costs in non-cognizable cases
It allows the Criminal Courts and Courts of Appeal to order compensation in non-
cognizable cases, and in default, the accused can face simple imprisonment for up to
30 days, including reasonable expenses for process-witness and pleader's fees.
 PRONOUNCEMENT OF JUDGMENT
(SECTION 353)
According to this section:
 The criminal court of original jurisdiction shall pronounce the judgment.
 It shall be pronounced in an open court.
 The presiding officer of the court shall pronounce the judgment.
 The judgment shall be pronounced immediately after determination of trial or within
some subsequent time, of which notice shall be given to the party or its pleader.

MANNER OF DELIVERY OF JUDGMENT

1. The presiding officer shall pronounce a judgment, either by reading the entire
judgment or only the operative part, in the language understood by the accused or
their pleader.
2. The judgment must be dated and signed in an open court, and if not in written form,
the presiding officer must sign every page.
3. The copy of the judgment must be made available to the parties or their pleader.
4. If the accused is in custody, they must be brought to hear the judgment and its
pronouncement.
5. If the accused is not in custody, they must attend the hearing, except in cases where
personal appearance is not required since the sentence is fine or acquittal order.
6. If there are multiple accused, the presiding officer may pronounce the judgment even
in the absence of either of them, in order to prevent unnecessary delay.
7. The judgment is not considered invalid due to the absence of the party or pleader or
omission to serve notice.
 PROVISIONS AFTER JUDGMENT IS
PRONOUNCED
1) Section 362: Court not to alter judgement
Once judgment is pronounced, no alteration in that can be made except any clerical
or arithmetic error.

2) Section 363: Copy of judgment needs to be given to every party

The court will provide a free copy of the judgment upon its pronouncement, and a
certified copy of it in the requested language upon the accused's application.
However, if a death sentence is awarded, the copy must be given immediately.

3) Section 364: Judgement when to be translated

If the original judgment is recorded in a language other than the court's, the accused
can request a translation into the court's language.

4) Section 365: Court of Session must send copy of finding and sentence to District
Magistrate in order to keep them up to date in significant crimes.