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| Home > Indian Bare Acts > CODE OF CRIMINAL PROCEDURE, 1973 > CHAPTER XXVII THE JUDGEMENT |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
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Title : CODE OF CRIMINAL PROCEDURE, 1973
Year : 1973
Act :
CHAPTER XXVII
THE JUDGEMENT
353. Judgement:- (1) The judgement 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 judgement; or
(b) by reading out the whole of the judgement; or
(c) by reading out the operative part of the judgement and explaining the substance of the judgement in a language which is understood by the accused or his pleader.
(2) Where the judgement 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 judgement 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 judgement shall be signed by him.
(4) Where the judgement is pronounced in the manner specified in the clause (c) of sub-section (1), the whole judgement 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 judgement pronounced.
(6) If the accused is not in custody, he shall be required by the Court to attend to hear the judgement 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:
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 judgement is to be pronounced, the presiding officer may, in order to avoid undue delay in the disposal of the case, pronounce the judgement notwithstanding their absence.
(7) No judgement 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 judgement 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 judgement 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 of two parts of the same section, of that Code the offence falls, the Court shall distinctly express the same, and pass judgement 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 judgement 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 judgement:- Instead of recording a judgement 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 abatement 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, 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 judgement, order the whole or any part of the fine recovered to be applied:-
(a) in defraying the expenses of 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 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 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 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 as 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
Andhra Pradesh: (I) in sub-sec. (1), after the words the Court may, Insert 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 India 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 ; and
(ii) for sub-sec. (3), substitute the following, namely,--
(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) 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 belong either to the Scheduled Castes or the Scheduled Tribes. A P Act 21 of 1993, w.e.f. 3-9-1993.
Bihar:- insert the following proviso: After sub-section (1).
Provided that the person against whom an offence is committed belongs to Scheduled Castes and to Scheduled Tribes as defined under clauses (24) and (25) to 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 utilised for the benefit of such person by way of compensation – Bihar Act 9 of 1985, w.e.f., 13-8-1985.
Karnataka:- (1) In sub-section (1), after the words the Court may, the brackets, the figures and words and where the person against whom an offence is committed belongs to a Scheduled Caste or a Scheduled Tribe as defined in clause (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 shall be inserted.
(2) Substitute the following for sub-section (3).
(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 Scheduled Caste or 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 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. Karnataka Act 27 of 1987, w.e.f. 13-8-1987.
Madhya Pradesh:- (a) In sub-section (1) for the words (1) when a Court imposes a sentence of fine of a sentence (including a sentence of death) or 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 Scheduled Castes or Scheduled Tribes as defined in clauses (24) and (25) of Article 366 of the Constitution except when both the accused person and the person against whom an offence is committed belongs either to such Caste 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
(b) For sub-sec. (3), the following 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 Caste or Scheduled Tribes as defined in clause (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 - M.P.Act No. 29 of 1978, w.e.f. 5-10-1978.
Rajasthan - In Section 357,-
(i) in sub-section (1), between the expression the Court may, and the expression When passing judgement insert the expression 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, and
(ii) in sub-section (3) between the expression the Court may, and the expression when passing judgement insert the expression 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 - Rajasthan Act 3 of 1993.
Uttar Pradesh :- (a) in sub-section (1), after clause (d) insert the following proviso, namely:-
Provided that if a person who may receive compensation under clauses (b), (c) and (d) 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 order the whole or any part of the fine recovered to be applied in payment of such compensation.
(b) for sub-section (3) substitute the following sub-section, namely,
(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) insert the following Explanation, namely,-
Explanation:- For the purposes of, this section expressions Scheduled Castes and Scheduled Tribes shall have the meanings respectively assigned to them in clauses (24) (25) of Article 366 of the Constitution - U.P.Act 17 of 1992.
West Bengal :- (a) in sub-section (1), for the words When a Court imposes a sentence of fine or a sentence (including sentence of death) of which fine forms a part, the Court may, when passing judgement, order the whole or any part of the recovered to be applied, 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, and where the person against whom an offence has been committed belongs to Scheduled Castes or Scheduled Tribes, except when both the accused per and the person against whom an offence has been committed belongs either to Scheduled Castes or to Scheduled Tribes, shall, when passing judgement order the whole or any part of the fine recovered be applied- shall be substituted.
(b) for sub-section (3), substitute the following sub-section
(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 Caste or Scheduled Tribes shall, when passing judgement, order the accused person to pay, by way of compensation, such amount as may specified in the order to the person who has suffered any loss injury by reason of the act for which the accused person has been so sentenced:
Provided that the Court may not order the accused per 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; and
(c) the following Explanation shall be inserted after sub-section (5)
Explanation:- For the purposes of this section, 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 of India - W.B.Act of 1985.
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 powers 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 no 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 recognisance, 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 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 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 1951), 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 judgement the special reasons for not having done so.
362. Court not to alter judgement:- 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 judgement or order disposing of a case, shall alter or review the same except to correct a clerical or arithmetical error.
363. Copy of judgement to be given to the accused and other persons:- (1) When the accused is sentenced to imprisonment, a copy of the judgement shall, immediately after the pronouncement of the judgement be given to him free of cost.
(2) On the application of the accused, a certified copy of the judgement, 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 judgement 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 judgement 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 judgement which is appealable by the accused.
(4) When the accused is sentenced to death by any Court and an appeal lies from such judgement 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 judgement 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 judgement or order or of any deposition or other part of the record:
Provided that 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 judgement or order of a Criminal Court to any person who is not affected by a judgement 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
Karnataka :- Insert the following, after the proviso to sub-section (5),
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 - Karnataka Act 19 of 1985, w.e.f. 25-6-1985.
364. Judgement when to be translated:- The original judgement shall be filed with the record of proceedings a 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 District 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.
Last updated on February, 2008
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