Professional Documents
Culture Documents
Table of Contents
Table of Cases....................................................................2
Research Methodology........................................................3
Introduction.......................................................................4
Meaning of Judgment.........................................................4
Pronouncement of Judgment............................................10
No Alteration of Judgment................................................17
Bibliography..................................................................... 18
Weblinks.......................................................................18
Page |2
Table of Cases
Budhia v. Chhotelal...................................................8
Ramhit v. Emperor....................................................8
Research Methodology
Introduction
Meaning of Judgment
1
Woodroffe Sir John, Commentaries on Code of Criminal Procedure, 2nd Ed., Vol. 2, Law
Publishers (India) Private Limited, Allahabad, 1994, p. 1019
Page |5
(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;
(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.
will give reasons for those findings. Reasons can be taken from
evidence or from arguments submitted by the parties.
6
Ramhit v. Emperor, 1934(35) Cr.L.J. 919 All
7
Budhia v. Chhotelal, AIR 1966 Raj 122
8
State of Punjab v. Jagdev Singh Talwandi, 1984(1) SCC 596
9
S. 354(2), The Code of Criminal Procedure, 1973.
Page |9
10
AIR 2011 SC
P a g e | 10
Pronouncement of Judgment
353. Judgment.
11
2013 Cr.L.J. SC
12
Kelkar R. V., Criminal Procedure, 5th Ed., Eastern Book Comapany, Lucknow, 2012, p. 618
P a g e | 11
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
P a g e | 12
13
Aeltemesh Rein v. State of Maharashtra, 1980 Cr.L.J. 858 Bom.
P a g e | 13
appellate court for his release on bail within a reasonable time even
though it be a fit case for his release on bail. Secondly another
result of the above delay would be that a convicted person who is
sentenced to undergo imprisonment for a short period would
undergo the entire sentence of imprisonment by the time the copy
of the judgment is supplied to him. The right of appeal for such a
convicted person would be thus rendered illusory though he may
have a good arguable case in appeal. This would indicate the
necessity of speedy and expeditious transcription when the
judgment is delivered in open court under clause (a) of sub-section
(1).
14
2001 SCC (Cr) 1009
15
AIR 1954 SC 194
P a g e | 14
signing and the sealing, all the rules designed to secure certainty
about its content and matter—can be cured; but not the hard core,
namely, the formal intimation of the decision and its contents
formally declared in a judicial way in open court.
(d) The name of the accused person, and his parentage and
residence:
(f) The plea of the accused and his examination (if any)
(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.
(f) The offence complained of and the offence (if any) proved,
and in cases coming under clause (ii), clause (iii) or clause
(iv) of sub-section (1) of section 260, the value of the
property in respect of which the offence has been committed;
(g) The plea of the accused and his examination (if any);
No Alteration of Judgment
Bibliography
Weblinks:
http://law.chdfirms.com/crpc/chapter_27.php
http://en.wikipedia.org/wiki/Code_of_Criminal_Procedure,_
1973#Judgement
http://www.vakilno1.com/bareacts/crpc/the-code-of-
criminal-procedure-1973-crpc-2nd-page.html#353_Judgment
http://hanumant.com/CrPC-Unit2-Judgment-Overview.html