The
Code of Criminal Procedure, 1973
CHAPTER XXVII
: THE JUDGEMENT
353. Judgement
(1) The judgement 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 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 the 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), 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 judgement or the operative part thereof is read out under
clause (b) or clause (c) of sub-section (1), 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 sub-section (1), the whole judgment or a copy thereof shall be
immediately made available for 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 trail has been dispensed with and the sentence
is one of fine only or he is acquitted :
Provided that, where there are more accused than one, and one or more
of them do not attend the Court on the date on which the 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 any way
the extent of the provisions of section 465.
354. Language and contents of judgement
(1) Except as otherwise expressly provided by this Code, every judgment
referred to in section 353,-
(a) shall be written in the language of the 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 (45 of 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 (45 of 1860)
and it is doubtful under which of two sections, or under which or 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 reasons for the decision.
355. Metropolitan Magistrate's Judgment
Instead of recording a judgment in the manner hereinbefore 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.
356. Order for notifying address of previously convicted offender
(1) When any person, having been convicted by a Court in India of an
offence punishable under section 215, section 489A, section 489B, section
489C, or section 489D of the Indian Penal Code (45 of 1860), or of any
offence punishable under Chapter XII or Chapter XVII of that Code, 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 provisions of sub-section (1) 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 an Appellate Court
or by the High Court or Court of Session when exercising its powers of
revision.
(5) The State Government may, by notification, make rules to carry
out the provisions of this section relating to the notification of residence
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.
357. Order to pay compensation
(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 properly incurred in the prosecution;
(b) in the payment to any person of compensation for any loss or injury
caused by the offence, when compensation is, in the opinion of the Court,
recoverable by such person in a Civil Court;
(c) when any person is 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 persons who are, under the Fatal
Accidents Act, 1855 (13 of 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.
STATE AMENDMENTS
In Andhra Pradesh, w.e.f. 3rd September, 1993
(i) In
sub-section (1), after the words "the Court may",
the expression "and where a person against whom an offence is committed
belongs to Scheduled Castes or Scheduled Tribes as defined in Clauses
(24) and (25) of Article 366 of the Constitution of Indian except when
both the accused person and the person against whom an offence is committed
belong either to such castes or tribes, the Court shall," shall
be inserted, and
(ii) for sub-section (3), the following sub-section shall be substituted:
-
"(3)
When a Court imposes a sentence, of which fine does not form a part,
the Court may, and where a person against whom an offence is committed
belongs to Scheduled Castes or Scheduled Tribes as defined in Clauses
(24) and (25) of Article 366 of the Constitution of India, the Court
shall, when passing judgement, 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:
Provided
that the Court may not order the accused person to pay by way of compensation
any amount, if both the accused person and the person against whom
an offence is committed belongs either to the Scheduled Castes or the
Scheduled Tribes."
In Bihar, w.e.f. 13th August, 1985
In sub-section (1) of section 357, the following provision shall be
inserted: -
"Provided
that the person against whom an offence is committed, belongs to Scheduled
Castes and to Scheduled Tribes as defined in clause (24) and clause
(25) of Article 366 of the Constitution, the Court shall at the time
of judgement pass order that the entire amount of fine realised or
any part of it will be unutilised for the benefit of such person by
way of compensation."
In Karnataka, w.e.f. 22nd July, 1987
(1) In
sub-section (1), after the words "the Court may" the
words "and where the person against whom an offence is committed
belongs to a Scheduled Caste or a Scheduled Tribe as defined in clauses
(24) and (25) of Article 366 of the Constitution and the accused person
doesn't belong to a Scheduled Caste or a Scheduled Tribe the Court shall" shall
be inserted.
(2) for sub-section (3), the following sub-section shall be substituted:
-
"(3)
When a Court imposes a sentence of which the fine does not form a part,
the Court may, and where a person against whom an offence is committed
belongs to a Scheduled Caste or a Scheduled Tribe as defined in clauses
(24) and (25) of article 366 of the Constitution and the accused person
does not belong to a Scheduled Caste or a Scheduled Tribe, the Court
shall when passing judgement 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."
In Madhya Pradesh, w.e.f. 5th October, 1978
In section 357,-
(i) In
sub-section (1), for the words "(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 judgement, order the whole
or any part of the fine recovered to be applied" the words "(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, and where a person
against whom an offence is committed belongs to a Scheduled Caste or
a Scheduled Tribe as defined in clauses (24) and (25) and of Article
366 of the Constitution except when both the accused person and the person
against whom an offence is committed belong either to such Castes or
Tribes, the Court shall, when passing judgement, order the whole or any
part of the fine recovered to be applied-" shall be substituted;
and
(ii) for sub-section (3), the following sub-section shall be substituted:
-
"(3)
When Court imposes a sentence, of which fine does not form a part,
the Court may, and where a person against whom an offence is committed
belongs to Scheduled Castes or Scheduled Tribes as defined in clauses
(24) and (25) of Article 366 of the Constitution, the Court shall when
passing judgement 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:
Provided
that the Court may not order the accused person to pay by way of compensation
any amount if both the accused person and the person against whom an
offence is committed belong either to the Scheduled Castes or the Scheduled
Tribes."
In Rajasthan
In section 357,-
(i) In
sub-section (1), after the words "the Court may" the
words "and where the person against whom an offence is committed
belongs to a Scheduled Caste or a Scheduled Tribe but the accused person
does not so belong, the Court shall" shall be inserted; and
(ii)
in sub-section (3), after the expression "the Court may" the
words "and where the person against whom an offence is committed
belongs to a Scheduled Caste or a Scheduled Tribe but the accused person
does not so belong, the Court shall", shall be inserted.
In Uttar Pradesh
In section 357,-
(a) in sub-section (1), after clause (d), the following proviso shall
be inserted: -
"Provided
that if a person who may receive compensation under clauses (b), (c)
and (d) a member of the Scheduled Castes or the Scheduled Tribes and
the person sentenced is not a member of such Castes or Tribes, the
Court shall order the whole or any part of the fine recovered to be
applied in payment of such compensation."
(b) for sub-section (3), the following sub-section shall be substituted:
-
"(3)
When the Court imposes a sentence, of which fine does not form a part,
the Court may, and where the person who has suffered the loss or injury
is a member of the Scheduled Castes or the Scheduled Tribes and the
person sentenced is not a member of such Castes or Tribes the Court
shall, when passing judgement, order the person sentenced 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 person has been so sentenced."
(c) after sub-section (5) the following Explanation shall be inserted:
-
"Explanation.-For
the purposes of this section the expressions 'Scheduled Castes' and
'Scheduled Tribes' shall have the meanings respectively assigned to
them in clauses (24) and (25) of Article
366 of the Constitution."
In West Bengal
(a) In
sub-section (1), for the words "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 judgement, order the whole
or any part of the fine recovered to be applied-" the words and
brackets "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, and where the person against whom an offence has been committed
belongs to Scheduled Castes or Scheduled Tribes, except when both the
accused person and the person against whom an offence has been committed
belong either to Scheduled Castes or to Scheduled Tribes shall, when
passing judgement order the whole or any part of the fine recovered to
be applied-" shall be substituted.
(b) for sub-section (3), the following sub-section shall be substituted:
-
(3) When a Court imposes a sentence, of which fine does not form a
part, the Court may, and where the person against whom an offence has
been committed belongs to Scheduled Castes or Scheduled Tribes, shall,
when passing judgement 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:
Provided
that the Court may not order the accused person to pay by way of compensation,
any amount if both the accused person and the person against whom an
offence has been committed belong either to Scheduled Castes or to
Scheduled Tribes."
(c) after sub-section (5), the following Explanation shall be inserted:
-
"Explanation.-For the purposes of the section the expression "Scheduled
Castes" and "Scheduled Tribes" shall have the meaning
respectively assigned to them in clauses (24) and (25) of Article 366
of the Constitution of India".
358. Compensation to persons groundlessly arrested
(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 hundred 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 hundred 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.
359. Order to pay costs in non-cognizable cases
(1) 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.
(2) 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.
360. Order to release on probation of good conduct or after admonition
(1) When any person not under twenty-one years of age is convicted
of an offence punishable with fine only or with imprisonment for a term
of seven years or less, or when any person under twenty-one years of
age or any woman is convicted of an offence not punishable with death
or imprisonment for life, and no previous conviction is proved against
the offender, if it appears to the Court before which he is convicted,
regard being had to the age, character or antecedents of the offender,
and to the circumstances in which the offence was committed, that it
is expedient that the offender should be released on probation of good
conduct, the Court may, instead of sentencing him at once to any punishment,
direct that he be released on his entering into a bond, with or without
sureties, to appear and receive sentence when called upon during such
period (not exceeding three years) as the Court may direct and in the
meantime to keep the peace and be of good behaviour:
Provided that where any first offender is convicted by a Magistrate
of the second class not specially empowered by the High Court, and the
Magistrate is of opinion that the owners conferred by this section should
be exercised, he shall record his opinion to that effect, and submit
the proceedings to a Magistrate of the first class, forwarding the accused
to, or taking bail for his appearance before, such Magistrate, who shall
dispose of the case in the manner provided by sub-section (2).
(2) Where proceedings are submitted to a Magistrate of the first class
as provided by sub-section (1), such Magistrate may thereupon pass such
sentence or make such order as he might have passed or made if the case
had originally been heard by him, and, if he thinks further inquiry or
additional evidence on any point to be necessary, he may make such inquiry
or take such evidence himself or direct such inquiry or evidence to be
made or taken.
(3) In any case in which a person is convicted of theft, theft in a
building, dishonest misappropriation, cheating or any offence under the
Indian Penal Code (45 of 1860) punishable with not more than two years'
imprisonment or any offence punishable with fine only and on previous
conviction is proved against him, the Court before which he is so convicted
may, if it thinks fit, having regard to the age, character, antecedents
or physical or mental condition of the offender and to the trivial nature
of the offence or any extenuating circumstances under which the offence
was committed, instead of sentencing him to any punishment, release him
after due admonition.
(4) An order under this section may be made by any Appellate Court
or by the High Court or Court of Session when exercising its powers of
revision.
(5) When an order has been made under this section in respect of any
offender, the High Court or Court of Session may, on appeal when there
is a right of appeal to such Court, or when exercising its powers of
revision, set aside such order, and in lieu thereof pass sentence on
such offender according to law:
Provided that the High Court or Court of Session shall not under this
sub-section inflict a greater punishment than might have been inflicted
by the Court by which the offender was convicted.
(6) The provisions of sections 121, 124 and 373 shall, so far as may
be, apply in the case of sureties offered in pursuance of the provisions
of this section.
(7) The Court, before directing the release of an offender under sub-section
(1), shall be satisfied that an offender or his surety (if any) has a
fixed place of abode or regular occupation in the place for which the
Court acts or in which the offender is likely to live during the period
named for the observance of the conditions.
(8) If the Court which convicted the offender, or a Court which could
have dealt with the offender in respect of his original offence, is satisfied
that the offender has failed to observe any of the conditions of his
recognizance, it may issue a warrant for his apprehension.
(9) An offender, when apprehended on any such warrant, shall be brought
forthwith before the Court issuing the warrant, and such Court may either
remand him in custody until the case is heard or admit him to bail with
a sufficient surety conditioned on his appearing for sentence and such
Court may, after hearing the case, pass sentence.
(10) Nothing in this section shall affect the provisions of the Probation
of Offenders Act, 1958 (20 of 1958), or the Children Act, 1960 (60 of
1960), or any other law for the time being in force for the treatment,
training or rehabilitation of youthful offenders.
361. Special reasons to be recorded in certain cases
Where in any case the Court could have dealt with,-
(a) an accused person under section 360 or under the provisions of
the Probation of Offenders Act, 1958 (20 of 1958), or
(b) a youthful offender under the Children Act, 1960 (60 of 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.
362. Court not to alter judgment
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 after or review the same except to correct
a clerical or arithmetical error.
363. Copy of judgment to be given to the accused and other persons
(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:
Provided that where a sentence of death is passed or confirmed 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:
Provided that the Court may, if it thinks fit for some special reason,
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 payment, by such person, of such fees, and
subject to such conditions, as the High Court may, by such rules, provide.
STATE AMENDMENT
In Karnataka, w.e.f. 25th June, 1985
In section 363 after the proviso to sub-section (5), the following proviso
shall be inserted: -
"Provided
further that the State shall, on an application made in this behalf
by the Prosecuting Officer, be given, free of cost, a certified copy
of such judgement, order, deposition or record with the prescribed
endorsement."
364. 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.
365. Court of Session to send copy of finding and sentence to Distribute
Magistrate-
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.
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