Judgment

1. United University
Subject: Code of Criminal Procedure
Topic: Judgement : Mode & other provisions
By : Anshika R. Gupta
Divyanshu Tomar
Ambareesh Pandey

2. Chapter XXIX, Section 353 – 365 of Crpc
• The final verdict or order that is passed by the Judge or bench of Judges is
known as Judgement and well-written judgment is established with the
analysis of facts and laws.
• Surendra Singh vs State Of U.P.
The Apex Court held that any final decision and the pronouncement of conviction
and acquittal which is stated before the world at large is known as Judgement.

3. Essentials Of Judgement
Written
In language of the Court
Copy of judgement provided to accused
Judgement must consist of :
a. Acquittal
b. Conviction

4. Purpose of Judgement
• To determine whether the person is guilty or innocent
• For determining the rights and liabilities of the parties
• To serve as a Precedent
• Provide a reasonable ground for an appeal in court
• For the development of legal jurisprudence

5. Let’s begin with the provisions
• Section 353 of Crpc – Judgement
Judgment is given in every trial in Criminal Court falling under its jurisdiction. It should be
pronounced in the open court by the Presiding authority just after the termination of the trial
procedure and notice should be served to each party and to its assigned counsels.
Yakub Abdul Razak Memon vs State of Maharastra
Court held that conviction order is not a judgement, judgement is complete after the sentence is
determined.

6. Cont.
• Section 354 of Crpc: Language and Content of Judgement
Every judgment is recorded and written in the local language of the Court prescribed
by the State Government. Point of determination should also be considered while
making the final verdict.
Ram Bali vs State of UP
It was observed that language and content must also be self-contained and it must
reflect that the court has applied evidence and facts while forming the judgment.

7. Cont.
• Section 355 of Crpc: Judgement of Metropolitan Magistrate
Instead of recording the final judgement, the metropolitan magistrate must record the
name of the complainant, the serial number of the case, date of commission of
committing the offence, name and address of the accused person, information
regarding examination process, if any plea is requested by the accused and the date
of the final decision or judgment.
Not Included in BNSS,2023.

8. Cont.
• Section 356 of Crpc: Order for notifying the address of previously convicted
offender
If an order given by the judicial officer is appealed and there it is set aside then it will be
declared as Void and will not be applicable on a future judgment.

9. Cont.
• Section 357 of Crpc: Order to Pay Compensation
When a court imposes a sentence or a fine, then while passing the judgment, the court
can order to recover the whole or partial amount by calculating the whole expenses
incurred in the prosecution process.
Vinay vs State of Karnataka

10. Cont.
• Section 357-A of Crpc: Victim Compensation Scheme
In every State, coordination and consultation with the Central government scheme
should be made to provide funding to the suffered person and their families.
Facilities of rehabilitation must also be provided.
State of H.P. vs Ram Pal

11. Cont.
• 357 ‘C’-Treatment of Victim
All hospitals whether private or public, should provide medical and first aid
facilities to the victim.
• Section 358 - Compensation to the person for groundless arrested–
• If any person who is arrested without any reasonable grounds and the
magistrate gives a decision that there is not sufficient ground for arrest then
he will receive compensation amount from the person who causes the arrest
for loss of time and money.

12. Cont.
• Section 359 of CrPC-Order to pay Compensation in Non cognizable offence–
Whenever any non-cognizable offence has been committed, the court can order the
accused person to pay the amount of fine imposed on him for committing the offence
and addition to it the amount incurred in prosecution process to the aggrieved person
like the travelling expenses, court fees and fees of witness and leaders etc.
• He will suffer imprisonment for not more than 30 days for not paying the amount.

13. Cont.
• Section 360 CrPC - Order to release the Accused person on Probation and
Admonition –
Probation is the release of an offender from detention, due to good behaviour
under the supervision of the officer. Admonition is giving a warning to the
person who has committed the act for the very first and in the heat of a
moment.

14. Cont.
• Section 361 of Crpc: Special Reasons To Be Recorded In Certain Cases
An accused person under section 360 or under the provisions of the probation of Offenders
Act,1958 or A youthful offender under the Children Act,1960 or any other law for the time being
in force
- For the treatment, training or rehabilitation of youthful
offenders
- But has not done so
- It shall record in its judgment the special reasons for not
having done so

15. Cont.
• Section 362 of Crpc: Court Not To Alter Judgement
Court shall not alter or review any judgment or final order of disposing a case
after its signature
Exception-
- It can correct a clerical or arthmetical error
- If there is provision available by this code or by any other law for the time being in force
State of Karnataka Vs. M M Manikandan Nair

16. Cont.
• Section 364 of Crpc: Judgment When To Be Translated
The original judgment shall be filed with the record of the 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.

17. Cont.
• Section 365 of Crpc: Court Of Session To Send Copy Of Finding And
Sentence To District Magistrate
If the case is tried by the court of session or a Chief judicial Magistrate
- Such court or such magistrate, 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.