JUDGMENT

'Judgment' means the expression of the opinion of the Judge or Magistrate arrived at after due consideration
of the evidence and of the arguments. Judgment means a verdict of conviction or acquittal but not an order of
discharge under Section 245. It is a fundamental rule of criminal jurisprudence that the judge who hears the
evidence should write the judgment.

The judgment is the final reasoned decision of the Court as to the guilt or innocence of the accused. Where
the accused is found guilty, the judgment would include an order requiring the accused to undergo the
prescribed punishment or treatment. A judgment is the final decision of the Court intimated to the parties and
the world at large by formal pronouncement or delivery in open Court.

(i) Modes of pronouncing the judgment

Section 353 of the Code of Criminal Procedure provides that:-

(1) The judgment in every trial in any criminal Court or original jurisdiction shall be pronounced in open Court
by the presiding officer immediately after the termination of the trial or at some subsequent time of which
notice shall be given to the parties or their pleaders:-

(a) by delivering the whole of the judgment; or

(b) by reading out the whole of the judgment; or

(c) by reading out the operative part of judgment and explaining the substance of the judgment in a language
which is understood by the accused or his pleader.

(2) Where the judgment is delivered under clause (a) of sub-section (1) of Section 353 of the Code, the
presiding officer shall cause it to be taken down in short-hand, sign the transcript and every page thereof as
soon as it is made ready, and write on it the date of the delivery of the judgment in open Court.

(3) Where the judgment or the operative part thereof is read out under clause (b) or clause (c) of sub-section
(1) of Section 353 of the Code as the case may be, it shall be dated and signed by the presiding officer in open
Court, and if it is not written with his own hand, every page of the judgment shall be signed by him.

(4) Where the judgment is pronounced in the manner specified in clause (c) of the perusal of the parties or
their pleaders free of cost.

(5) If the accused is in custody, he shall be brought up to hear the judgment pronounced.

(6) If the accused is not in custody, he shall be required by the Court to attend to hear the judgment
pronounced, except where his personal attendance during the trial has been dispensed with and the sentence
is one of fine only or he is acquitted. However, if there are more accused than one, and one or more of them
do not attend the Court on the date on which judgment is to be pronounced, the presiding officer may, in
order to avoid undue delay in the disposal of the case, pronounce the judgment notwithstanding their
absence.

(7) No judgment delivered by any criminal Court shall be deemed to be invalid by reason only of the absence
of any party or his pleader on the day or from the place notified for the delivery thereof, or of any omission to
serve, or defect in serving, on the parties or their pleaders, or any of them, the notice of such day and place.

(8) Nothing in this Section shall be construed to limit in anyway the extent of the provisions of Section 465
which deals the findings or sentences when reversible by reason of error, omission or irregularity.

(ii) Court not to alter judgment

As per Section 362 of the Code of Criminal Procedure, 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 final order disposing of a case,
shall alter or review the same except to correct a clerical or arithmetical error.

(iii) Language and contents of judgment

Section 354 of the Code of Criminal Procedure provides the following provisions :

(1) Except as otherwise expressly provided by the Code of Criminal Procedure, every judgment referred to in
Section 353,-
(a) shall be written in the language of the Court. According to Section 272 of the Code, the State Government
may determine what shall be, for the purposes of this Code, the language of each Court within the State other
than the High Court;

(b) shall contain the point or points for determination, the decision thereon and the reasons for the decision;

(c) shall specify the offence (if any) of which, and the section of the Indian Penal Code, 1860 or other law
under which, the accused is convicted, and the punishment to which he is sentenced;

(d) if it be a judgment of acquittal, shall state the offence of which the accused is acquitted and direct that he
be set at liberty.

(2) When the conviction is under the Indian Penal Code, 1860 and it is doubtful under which of two sections,
or under which of two parts of the same section, of that Code the offence falls, the Court shall distinctly
express the same, and pass judgment in the alternative.

(3) ) When the conviction is for an offence punishable with death or, in the alternative, with imprisonment for
life or imprisonment for a term of years, the judgment shall state the reasons for the sentence awarded, and,
in the case of sentence of death, the special reasons for such sentence

4.) When the conviction is for an offence punishable with imprisonment for a term of one year or more, but
the Court imposes a sentence of imprisonment for a term of less than three months, it shall record its reasons
for awarding such sentence, unless the sentence is one of imprisonment till the rising of the Court or unless
the case was tried summarily under the provisions of this Code.

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

(6) 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 reason for the decision.

Generally, the judgment in a criminal case commences with a statement of facts in respect of which the
accused person is charged. The judgment indicates a careful analysis and appraisal of the evidence while
reaching the conclusions regarding the proof of the facts. A considered judgment should clearly mention in the
judgment the reasons for accepting one and rejecting the other of the two viewpoints of the parties.

In State of M.P. v. Kashiram & Others, it was observed that punishment to be awarded for a crime must not be
irrelevant. It should conform to and be consistent with the atrocity and brutality with which the crime has
been perpetrated, the enormity of the crime warranting public abhorrence and it should respond to the
society's cry for justice against the criminal.

(iv) Particulars of Metropolitan Magistrate's judgment

According to Section 355 of the Code of Criminal Procedure, instead of recording a judgment in the manner
herein before provided, a Metropolitan Magistrate shall record the following particulars, namely:-

(a) the serial number of the case;

(b) the date of the commission of the offence;

(c) the name of the complainant (if any);

(d) the name of the accused person, and his parentage and residence;

(e) the offence complained of or proved;

(f) the plea of the accused and his examination (if any);

(g) the final order;

(h) the date of such order;

(i) in all cases in which an appeal lies from the final order either under Section 373 or under sub-section (3) of
Section 374, a brief statement of the reasons for the decision.

(v) Judgment in cases tried summarily

As per Section 264 of the Code of Criminal Procedure, in every case tried summarily in which the accused does
not plead guilty, the Magistrate shall record the substance of the evidence and a judgment containing a
statement of the reasons for the finding.

(vi) Order for notifying address of previously convicted offender

Section 356 of the Code of Criminal Procedure provides that:-

(1) When any person, having been convicted by a Court in India of an offence relating to :-

(a) taking gift to help to recover stolen property, etc. (Section 215 of the I.P.C.);

(b) counterfeiting currency and bank-notes (Section 489-A of the I.P.C.);

(c) using as genuine forged or counterfeit currency or bank-notes (Section 489-B of the I.P.C.);

(d) possession of forged or counterfeit currency or bank-notes (Section 489-C of the I.P.C.);

(e) making or possessing instrument or material for forging or counterfeiting such notes (Section 489-D of the
I.P.C.);

(f) Section 506 (in so far as it relates to criminal intimidation punishable with imprisonment for a term which
may extend to seven years, or with fine, or with both of the Indian Penal Code (45 of 1860);

(g) coin and Government stamp (Chapter XII of the I.P.C.);

(h) affecting the human body, i.e., Chapter XVI of the I.P.C.; or

(i) property (Chapter XVII of the I.P.C.),

punishable with imprisonment for a term of three years, or upwards, is again convicted of any offence
punishable under any of those sections or chapters with imprisonment for a term of three years or upwards by
any Court other than that of a Magistrate of the second class, such Court may, if it thinks fit, at the time of
passing a sentence of imprisonment on such person, also order that his residence and any change of or
absence from such residence after release be notified as hereinafter provided for a term not exceeding five
years from the date of the expiration of such sentence.

(2) The above provisions with reference to the offences named therein, apply also to criminal conspiracies to
commit such offences and to the abetment of such offences and attempts to commit them.

(3) If such conviction is set aside on appeal or otherwise, such order shall become void.

(4) An order under this section may also be made by Appellate Court or by the High Court or Court of Session
when exercising its powers of revision

(5) The State Government may, be notification, make rules to carry out the provisions of this Section relating
to the notification ofresidence or change of, or absence from, residence by released convicts.

(6) Such rules may provide for punishment for the breach thereof and any person charged with a breach of
any such rule may be tried by a Magistrate of competent jurisdiction in the district in which the place last
notified by him as his place of residence is situated.

Section 356 of the Code is intended for remedial measures for prevention of crimes. With a view to ensure
good behaviour, it requires a released convict, in some cases, to report his movements for a period not
exceeding five years. However, as it interferes with the liberty of a citizen, it must be construed strictly.
Section 356 of the Code can be compared with Section 75 of the Indian Penal Code.

As Section 356 of the Code applies when the accused has been previously convicted, the passing of an order
under this Section on a first offender is illegal. Section 356 of the Code does not apply where the subsequent
conviction is a technical one.

(vii) Security for keeping the peace on conviction

As per Section 106(1) of the Code of Criminal Procedure, when a Court of Session or Court of a Magistrate of
the first class convicts a person of an offence involving breach of peace which are mentioned in sub-section (2)
of Section 106 of the Code, or of abetting any such offence and is of opinion that it is necessary to take
security from such person for keeping the peace, the Court may, at the time of passing sentence on such
person, order him to execute a bond, with or without sureties, for keeping the peace of such period, not
exceeding three years, as it thinks fit.

(viii) Compensation and Costs

(a) Order to pay compensation

Section 357 of the Code of Criminal Procedure provides the following provisions:-

(1) When a Court imposes a sentence of fine or a sentence (including a sentence of death) of which fine forms
a part, the Court may, when passing judgment, order the whole or any part of the fine recovered to be
applied:-

(a) in defraying the expenses of property incurred in the prosecution;

(b) in the payment to any person of compensation for any loss or injury caused by the offence, where
compensation is, in the opinion of the Court, recoverable by such person in a civil Court;

(c) when any person convicted of any offence for having caused the death of another person or of having
abetted the commission of such an offence, in paying compensation to the person who are, under the Fatal
Accidents Act, 1855 entitled to recover damages from the person sentenced for the loss resulting to them
from such death;(d) when any person is convicted of any offence which includes theft, criminal
misappropriation, criminal breach of trust, or cheating, or of having dishonestly received or retained or of
having voluntarily assisted in disposing of, stolen property knowing or having reason to believe the same to be
stolen, in compensating any bona fide purchaser of such property for the loss of the same if such property is
restored to the possession of the person entitled thereto.

(2) If the fine is imposed in a case which is subject to appeal, no such payment shall be made before the period
allowed for presenting the appeal has elapsed or, if an appeal be presented, before the decision of the appeal.

(3) When a Court imposes a sentence, of which fine does not form a part, the Court may, when passing
judgment, order the accused person to pay, by way of compensation, such amount as may be specified in the
order to the person who has suffered any loss or injury by reason of the act for which the accused person has
been so sentenced.

(4) An order under this Section may also be made by an Appellate Court or by the High Court or Court of
Session when exercising its powers of revision.

(5) At the time of awarding compensation in any subsequent civil suit relating to the same matter, the Court
shall take into account any sum paid or recovered as compensation under this Section.

The object of Section 357 of the Code is to provide compensation payable to the persons who are entitled to
recover damages from the person sentenced even though fine does not form part of the sentence.

In awarding compensation it is necessary for the Court to decide whether the case is a fit one in which
compensation has to be awarded. If it is found that compensation should be paid, then the capacity of the
accused to pay a compensation has to be determined. It is the duty of the Court to take into account the
nature of the crime, the injury suffered, the justness of the claim for compensation, the capacity of the
accused to pay and other relevant circumstance in fixing the amount of fine or compensation.

(b) Compensation to persons groundlessly arrested Section 358 of the Code of Criminal Procedure provides
that :

(1) Whenever any person causes a police officer to arrest another person, if it appears to the Magistrate by
whom the case is heard that there was no sufficient ground for causing such arrest, the Magistrate may award
such compensation, not exceeding one thousand rupees to be paid by the person so causing the arrest to the
person so arrested, for his loss of time and expenses in the matter, as the Magistrate thinks fit.

(2) In such cases, if more persons than one are arrested, the Magistrate may, in like manner, award to each of
them such compensation not exceeding one thousand rupees, as such Magistrate thinks fit.(3) All
compensation awarded under this Section may be recovered as if it were a fine and if it cannot be so
recovered, the person by whom it is payable shall be sentenced to simple imprisonment for such term not
exceeding thirty days as the Magistrate directs, unless such sum is sooner paid.
There must be direct and proximate nexus between the complaint and the arrest for the award of
compensation under Section 358 of the Code. Before making an order for compensation, an opportunity to
show cause against the order must be given to the complainant by following the natural justice.

Where an arrested person is discharged for want of evidence and no cognizance of any offence is taken and no
case is heard, no compensation can be awarded under Section 358 of the Code.

In some cases, the judiciary ordered compensation by the State to be paid to the victims because of the failure
of the police to process prosecution. In some cases, the judiciary ordered the police to bear the cost of
petition against them filed by victims of their illegal acts. In one case, Bombay High Court ordered the
complainant to pay compensation to the harassed defendant. In another case, Bombay High Court ordered
the complainant to pay the cost to the Government, rather than to the defendant.

(c) Order to pay costs in non-cognizable cases

According to Section 359(1) of the Code of Criminal Procedure, whenever any complaint of a non-cognizable
offence is made to a Court, the Court, if it convicts the accused, may, in addition to the penalty imposed upon
him, order him to pay to the complainant, in whole or in part, the cost incurred by him in the prosecution, and
may further order that in default of payment, the accused shall suffer simple imprisonment for a period not
exceeding thirty days and such costs may include any expenses incurred in respect of process-fees, witnesses
and pleader's fees which the Court may consider reasonable.

Sub-section (2) of Section 359 of the Code provides that an order under Section 359 of the Code may also be
made by an Appellate Court or by the High Court or Court of Session when exercising its powers of revision.

(ix) Sentence in cases of conviction of several offences at one trial

Section 31 of the Code of Criminal Procedure provides that :-

(1) When a person is convicted at one trial of two or more offences, the Court may, subject to the provisions
of Section 71 of the Indian Penal Code, 1860, sentence him for such offences, to the several punishments
prescribed therefor which such Court is competent to inflict; such punishments, when consisting of
imprisonment to commence the one after the expiration of the other in such order as the Court may direct,
unless the Court directs that such punishment shall run concurrently.

(2) In the case of consecutive sentences, it shall not be necessary for the Court by reason only of the aggregate
punishment for theseveral offences being in excess of the punishment which it is competent to inflict on
conviction of a single offence, to send the offender for trial before a higher Court. However, -

(a) in no case shall such person be sentenced to imprisonment for a longer period than fourteen years;

(b) the aggregate punishment shall not exceed twice the amount of punishment which the Court is competent
to inflict, for a single offence.

(3) For the purpose of appeal by a convicted person, the aggregate of the consecutive sentences passed
against him under this Section shall be deemed to be a single sentence.

Section 71 of the Indian Penal Code lays down that:-

(1) where an offence is made up of parts each of which is an offence the offender shall not be punished for
more than one of such offences; and that (2) where an offender falls within two or more separate definitions
of offences or where several acts, each of which is an offence, constitute, when combined, a different offence,
the offender shall not be punished with a more severe punishment than that which could be awarded for any
of such offences.

(x) Copy of judgment to be given to the accused and other persons

Section 363 of the Code of Criminal Procedure provides that:-

(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. However,
where a sentence of death is passed or confined 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 record. However, 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 pavment, by such person, of such fees, and subject to such conditions, as the High
Court may, by such rules, provide.

(xi) Judgment when to be translated

As per Section 364 of the Code of Criminal Procedure, the original judgment shall be filed with the record of
proceedings and where the original is recorded in a language different from that of the Court, and the accused
so requires, a translation thereof into the language of the Court shall be added to such record.

(xii) Court of Session to send copy of finding and sentence to District Magistrate

According to Section 365 of the Code of Criminal Procedure, in cases tried by the Court of Session or a Chief
Judicial Magistrate, the Court or such Magistrate, as the case may be, shall forward a copy of its or his finding
and sentence (if any) to the District Magistrate within whose local jurisdiction the trial was held.

(xiii) Sentence to death

Sentence of death is the severest punishment and irrevocable. The Court assumes onerous importance and its
exercise becomes extremely difficult when death is one of the alternative punishment prescribed for an
offence.. According to Section 354(3) of the Code of Criminal Procedure, when the conviction is for an offence
punishable with death or, in the alternative, with imprisonment for life or imprisonment for a term of years,
the judgment shall state the reasons for the sentence awarded, and, in the case of sentence of death, the
special reasons for such sentence. As per Section 354(5) of the Code, when any person is sentenced to death,
the sentence shall direct that he be hanged by the neck till he is dead.