Table of contents | |
Object and Scope | |
Form and Contents of the Judgment under Section 353 | |
Language and Contents of Judgment | |
Reasons for Conviction |
Chapter XXVII of the CrPC, 1973, focuses on Judgement. Although the Code does not provide a definition for "judgement," it is understood as the Court's final order.
According to Section 353 of the Code of Criminal Procedure (CrPC), the judgment in every trial conducted by a Criminal Court or a Court of original jurisdiction must be pronounced in open Court by the presiding officer immediately after the trial concludes.
Notice of the Judgment
Notice of the judgment should be given by:
Preparation and Signing of the Judgment
After delivering the judgment:
Availability of the Judgment
Following the pronouncement of the judgment:
Validity of Judgment
No judgment from a Criminal Court shall be considered invalid solely due to the absence of any party or their pleader on the day or at the place notified for delivery, or due to any failure or defect in serving notice to the parties or their pleaders regarding the day and place of delivery.
Under Section 354 of the CrPC, it is stated that every judgment should be:
Specification of Offence :The offence should be specified, along with the reasons for the determination. The offence must be mentioned in the Indian Penal Code (IPC) or any other applicable law under which the crime is committed and the punishment is awarded.
Acquittal of Offender :If the offender is acquitted, the judgment should specify the offence for which the acquittal is granted, the reasons for the acquittal, and clearly state that the person is now a free individual.
Uncertainty in Offence Specification : If the judgment is passed under the IPC and the judge is uncertain about the specific Section under which the offence is committed or the exact part of the Section, this uncertainty should be mentioned in the judgment. The judge should provide orders for both alternative situations.
38 docs|18 tests
|
1. What is the purpose of Section 353 in the context of judgments? |
2. What are the essential elements that must be included in a judgment under Section 353? |
3. Why is it important for judgments to include reasons for conviction? |
4. How does the language used in a judgment affect its understanding? |
5. What are the consequences of failing to adhere to the requirements of Section 353 in a judgment? |
|
Explore Courses for CLAT PG exam
|