Section - 353 to 355 of CRPC - The Judgement

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353. Judgment.—(1) The judgment 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 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 judgment 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 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 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 judgment.—(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 of 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;
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