Professional Documents
Culture Documents
Judgment[edit]
Judgment is the final reasoned decision of the Court as to the guilt or
innocence of the accused. Where the accused is found guilty, the
judgment must also contain an order requiring the accused to undergo
punishment or treatment.
Every court must deliver the judgement in the language of that court as
determined by the State Government. It must contain the points that lead
to the determination of guilt or innocence. It usually commences with
facts and must indicate careful analysis of evidence. It must also specify
the offence under the penal code or such other specific law as well as
the punishment sentenced. If acquitted the offence of which the accused
is so acquitted must be specified along with a direction that the accused
be set at liberty.
Judgments in abridged form[edit]
According to Section 355 of the Code, a Metropolitan Magistrate may
deliver judgments in abridged form and should contain:
1. Theft,
2. Theft in a building,
3. Dishonest misappropriation,
4. Any offence punishable under the Indian Penal Code with no more
than two years of imprisonment,
5. Any offence punishable only by fine.
No Magistrate of Second Class may release an offender under in such
manner without being empowered to do so. He may transfer the case to
a Magistrate for consideration.
Section 361 narrows down the discretion of the Court to sentence an
offender without taking into consideration the provisions of Section 360
and similar provisions contained in the Probation of Offenders Act or any
other law for treatment, training and rehabilitation of youthful offenders.
[citation needed]
It requires that when such provisions are applicable, the Court
must record in writing, the reason for not allowing the benefit of the same
to the offender.
Section 30 provides the Court of a Magistrate with the power to award
imprisonment for additional terms over the substantive period awarded.