Language and contents of judgment
AI Assist
Summary
Judgments must be written in the language of the Court and set out the points for determination, the decision on each point and the reasons for those decisions. They must identify the offence, the IPC or other law section and the sentence, or, for acquittal, state the offence and order release. If conviction is doubtful between two sections the Court must say so and give an alternative judgment. Special rules require recording reasons when awarding death or when an offence punishable with one year or more draws less than three months' imprisonment.
Example
Rohan is tried for a theft under the IPC that carries up to three years. The magistrate convicts him but sentences him to two months' imprisonment. The judgment must state the points decided, the decision and reasons, specify the IPC section and the sentence, and record why a sentence under three months was given.
Bare Act
Enacted text(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 dealt 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 of 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 ease 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.
Previous year papers
Pick your exam. we'll email the most recent paper.