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JUDGMENT

Table of Contents

(Ss. 353 to 366)

QUESTION BANK

Q.1. Explain in detail various modes of providing judgment.

2. Define and explain the meaning of judgment. Give its form and content.

SHORT NOTES

Post-conviction order in lieu of punishment.
Judgment.
Modes of judgment.

SYNOPSIS

Judgment Meaning-
Pronouncement (S. 353)-

No Alteration (S. 362). .

III. Language and contents (S. 354)-

Judgment by Metropolitan Magistrate (judgment in abridged form) (S. 355)-
Supply of Copies (S. 363 and S. 364)-
a) To accused-
b) To person affected-
c) To other persons-
d) To District Magistrate-
e) For record-
Punishment-

1) Death Penalty (S. 354 (3)-

Confirmation by High Court (S. 366)-

2) Sentence of Imprisonment-

3) Sentence of fine-

4) Compensation (S. 357 and S. 358)-

5) Costs (Ss. 357 and 359)-

6) Release on Probation of good behavior (S. 360 (1))-

7) Order of admonition on (S. 360 (3)-

I. Judgment Meaning:-

Judgment is the final decision of the court as to the guilt or innocence of the accused.

Judgment is pronounced after the conclusion of the trial. The trial is concluded after hearing evidence from the prosecution and defense and the arguments of both parties.

In other words, judgment is the court’s final decision in a trial, either convicting or acquitting the accused.

II. Pronouncement (S. 353):-

The judgment in every trial in any criminal court of original jurisdiction shall be pronounced in open court by the presiding officer immediately after the termination of the trial or at some subsequent time, at which notice shall be given to the parties or their pleaders.

Judgment can be pronounced:-

i) by delivering a whole judgment or
ii) by reading out the whole judgment or

iii) by reading the operative part of the judgment.

The judgment should be signed and dated by the presiding officer.

If the accused is in custody, he shall be brought to court for her judgment. If he is not in custody, he shall be required to attend the court for her judgment. However, the presence of the accused at the time of judgment is not necessary if:-

i) his personal attendance during the trial has been dispensed with, or
ii) the sentence is of fine only, or he is acquitted.

iii) where there is more than one accused and one or more do not attend court, in order to avoid undue delay in the disposal of the case, the presiding officer may pronounce judgment.

No Alteration (S. 362).

No court can alter or review its judgment after it is signed except to correct clerical or arithmetical errors.

III. Language and contents (S. 354):-

So far, the court’s language and contents of judgment are concerned with the following rules:-

i) Every judgment shall be written in the language of the court.
ii) It must contain the point or points for determination, the decision thereon, and the reasons for the decision.

iii) Every judgment should specify the offence of which and the section of the I.P.C or other law under which the accused is convicted and the punishment to which he is sentenced.

When the conviction is under I.P.C, and it is doubtful under which of the two sections or under which of the two parts of the same section of the Code the offence falls, the court shall directly express the same and pass judgment in the alternative.

iv) if the judgment is of acquittal, it must state the offence of which the accused is acquitted and must direct he be set at liberty.

IV. Judgment by Metropolitan Magistrate (judgment in abridged form) (S. 355):-

The Metropolitan Magistrate is not required to write a detailed judgment as provided earlier. He may write judgment in abridged form, recording the following particulars:-

i) Serial number of the case,
ii) Date of the commission of the offence,

iii) Name of the complaint.

iv) name and particulars of the accused.
v) offence complained of or proved.
vi) plea of the accused and his examination.

vii) final order.

viii) date of order.

ix) When the order is appeasable, provide a brief statement of reasons for the decision.

The judgment given in a summary form is also to be recorded in a similar abridged form.

V. Supply of Copies (S. 363 and S. 364):-

a) To the accused:-

When the accused is sentenced to imprisonment, a copy of the judgment shall be given to him free of costs immediately after the judgment is pronounced.

b) To the person affected:-

Any person affected by the judgment or order passed by the criminal court shall, on an application made on this behalf and payment of prescribed charges, be given a copy of such judgment or order or any deposition or other part of the record.

c) To other persons:-

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 judgment or order on payment.

d) To District Magistrate:-

In cases tried by a court of Sessions 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 to the District Magistrate within whose jurisdiction the trial was held.

e) For the record:-

The original judgment shall be filed with the record of the proceeding.

VI. Punishment:-

Sentencing the accused (found guilty) is a sensitive exercise of discretion, not a routine or mechanical prescription.

While sentencing, the court has to consider the offender’s age, character, antecedents, physical and mental condition, and the circumstances in which the offence was committed. Instead of sentencing the accused to any punishment, the court may release him after admonition or on probation for good conduct.

It is because of the change in sentencing policy towards reformation and rehabilitation of the accused as useful and self-reliant members of society.

Therefore, for exercising discretion in awarding punishments, statutory guidelines are given to the courts by Ss. 360, 361 and the Probation of Offenders Act 1958, and

1) Death Penalty (S. 354 (3):-

When the conviction is for an offence punishable by death or, in the alternative, with imprisonment, the judgment must state special reasons if the sentence of death is to be awarded.

Under the old Code of 1898, there was no provision for recording reasons for awarding death punishment. It was at the court’s complete discretion. However, the present Code has placed more responsibility on courts to write down reasons for awarding death sentences.

In Bachan Singh v. the State of Punjab[1]

The Supreme Court held that the death penalty can only be imposed in the exceptional and rarest of cases. Death is an exception, and imprisonment is the general rule of punishment.

Confirmation of death sentence by the High Court (S. 366):-

When the Court of Sessions passes a sentence of death, the proceeding shall be submitted to the High Court, and the sentence shall not be executed unless the High Court confirms it.

The High Court itself may make such inquiries or take evidence as it thinks fit or may direct the court of sessions to do the same (S. 367).

Two judges shall hear such reference when the High Court consists of two or more judges.

In case of a difference of opinion, the matter will be placed before the third judge, and the case will be decided as per his opinion (S. 370).

If one of the judges on the Bench directs, the larger bench will decide the reference (S. 392).

The High Court, on such reference, may confirm the sentence, pass any other sentence, annul the conviction, acquit the accused or order a new trial on the same or an amended charge (S. 368).

The High Court then forwarded the copy of its order to the Court of Sessions (S. 371).

2) Sentence of Imprisonment:-

Generally, penal laws prescribe the maximum term of imprisonment awardable in respect of an offence (and no minimum term of imprisonment). However, penal law prescribes the minimum term of imprisonment in very exceptional circumstances. In cases where no minimum sentence is prescribed, the court will pass the sentence at its discretion.

However, in offences where the statute prescribes the minimum sentence, usually, the court is empowered to impose less than the minimum sentence if there are special reasons to do so.

When an accused person is convicted of several offences at one trial, the total quantum of punishment for all such offences shall be determined according to the provision of S. 31.

3) Sentence of fine:-

Only fines are prescribed as punishment in petty offences, e.g., traffic, etc. However, they may be in addition to or as an alternative to imprisonment. Generally, the law prescribes a maximum limit of fine and not a minimum. The court has the discretion to fine the amount it considers fit and appropriate to meet the ends of justice.

4) Compensation (S. 357 and S. 358):-

357 provides compensation payable to the persons entitled to recover damages from the person sentenced, even though the fine does not form part of the sentence. Compensation can be paid for the loss or injury suffered by a person.

[2]S. 357 A has inserted the scheme of compensation to the victim. It provides that every State Government, in coordination with the Central Government, shall prepare a scheme for providing funds to compensate the victim or his dependents who have suffered loss or injury as a result of the crime and require rehabilitation.

Whereas any person causes a police officer to arrest another person, and 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 order the person causing the arrest to pay compensation not exceeding Rs. 1000 to the person so arrested for his loss of time and expenses in the matter (S. 358).

5) Costs (Ss. 357 and 359):-

The court convicting the accused for a non-cognizable offence has to pay the complainant, in whole or in part, the cost incurred by him in addition to the fine or other penalty imposed.

6) Release on Probation of good behaviour (S. 360 (1)):-

Where any person-

Not under twenty-one years of age is convicted of an offence punishable-

i) With fine only, or
ii) Punishable with imprisonment for not more than seven years or

iii) Under twenty years of age, or

iv) Any woman is convicted of an offence not punishable with death or imprisonment for life,
v) No previous conviction is proved against the offender,
vi) The court may have regard to the age, character, and antecedent of the offender and to circumstances in which the offence was committed,

vii) Instead of sentencing him/her, direct that he/she be released on his/her entering into a bond with or without sureties to appear and receive sentence when called upon during a period of three years and in the meantime to keep the peace and be of good behaviour.

The provision under S. 360 is meant to extend the benefit of Probation to young persons and to help even mature men and women who, for the first time, commit crimes in ignorance or inadvertence and who might be able to reform themselves and expected to be a good citizen of the country.

7) Order of admonition (S. 360 (3):-

Where any person is convicted-

i) of theft, theft in a building, dishonest misrepresentation, cheating, or
ii) any offence punishable under I.P.C punishable with a fine or with imprisonment up to two years and no previous conviction is proved,

iii) the court, instead of sentencing him to any imprisonment

-may release him after admonition.

The provision under this section is intended to present young persons as well as first-time offenders of more age from being committed to jail, where they may associate with hardened criminals, to lead further life in crime.

Provisions under this section are in addition to the Probation of Offenders Act 1958.

361 compels the court to act under S. 360 (either to grant Probation or admonition) rather than requiring him to undergo punishment.

It requires the court to record special reasons if it does not apply the provisions of S. 360 of the Code, the provisions of the Probation of Offenders Act, 1958, or the Children Act. 1960.

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[1] (AIR 1980 SC 898)

[2] Inserted by the Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009).