Judgment

(Chapter XXVII CrPC)

By Shashikant Saurav
What is a judgment?
➔ Judgement is the decision given by the Court, after hearing both sides, it contains reasons
for reaching such a conclusion.
➔ The judgement thus forms an important part of a legal process.
➔ A faulty judgement has the potential to deteriorate the very foundation of the legal justice
system in the country.
➔ Hence, it is imperative to study various aspects of judgement from a judicial point of view.
➔ Judgment defined in the case of Surendra Singh v. State of U.P. (AIR 1954 SC 194) as:
◆ The final decision of the court intimated to the parties and to the world at large by
formal ‘pronouncement’ or ‘delivery’ in open court
General points related to Judgment

➔ It is not defined under CrPC. However, under CPC, it means statement given by
Judge of the grounds of a decree or order.
➔ Judgment is different from the sentence, it includes both final adjudication or
sentence and the reasons for it.
➔ Reasons behind the judgment must be written and delivered before the sentence is
passed.
➔ Hence, in criminal case, judgment includes:
◆ Conclusion of finding whether accused is guilty or not
◆ Order or sentence which gives effect to conclusion or finding
What all should be there in a Judgment?

➔ Charge

➔ Findings

➔ Reasons of the finding

➔ Offence of which accused is convicted

➔ Punishment for each offence by referring to particular evidence which supported the

reasoning behind it

➔ Particulars necessary to enable a Court of Appeal to know what facts are found and
Important Facts

➔ After the termination of trial - means any statement given before the trial will not amount
to judgment; like -
◆ Order of discharging the accused
◆ Order of dismissing a complaint
➔ Also held in the case of Dwarka Nath Mandul v. Beni Madhab [(1901) ILR 28 Cal 652]
➔ A judgment will be considered as delivered only when:
◆ It is written
◆ Signed
◆ Dated
◆ Pronounced in open court
Section 353 of CrPC

➔ Talks about procurement and pronouncement of the judgment

➔ Signature of the Presiding Officer

➔ Date should be mentioned

➔ Q- What if judgment pronounced on one day and reasons given on other day?

◆ R.L Butail v. Union of India (1970 Ser. L.R. 926)

➔ Judgment after handing over the charge on transfer is not a valid judgment.

◆ Uttam Chand v. State of Rajasthan (AIR 1961 Raj. 1)

Section 362 CrPC

➔ All the direction to follow its orders and make it effective should be given in the

first order itself

➔ No alteration in judgment after it is signed

➔ Only Clerical or Arithmetical error can be corrected

➔ B.R.V. Satyanarayana v. State [(1997) Cr.L.J. 1038]

Section 354 CrPC

➔ What Judgment should contain?

➔ Language → court follows

➔ Reasons for decision

Conviction → Act + Punishment and Sentence
➔ Offence

➔ Acquittal → Act + “He be set at liberty”

➔ Conviction under IPC → Doubtful about Section → express it distinctly and pass

judgment in alternative

➔ Offence punishable with death or in alternative life imprisonment or term of years →

judgment state reasons for sentence awarded

➔ Death Sentence → special reasons + direct “He be hanged by the neck till he is dead”

➔ Conviction for offence punishable with imprisonment for a term of 1 year or more and

court awarded sentence of < 3 months → record reasons for same → unless sentence

is till rising of the court or the case was tried summarily

Cases

➔ Niranjan Mandal v. State (1978 Cr.L.J. 636)

◆ There must be expression to show that the Court applied its mind to the facts

and circumstances germane to the point in issue.

➔ Som Mittal v. Government of Karnataka [(2008) 2 SCC Cr. 1]

◆ A court should express its views on a particular issue in an appropriate case

only where it is relevant to the subject matter of the case.