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Crpc India pt.

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. Date of commission of the offence


2. Name of the complainant (if any)
3. Name of the accused person, his parentage and residence
4. Offence complained of (or proved, as the case may be)
5. Plea of the accused and his examination (if any)
6. Final order
7. Date of the order
8. In cases where appeal lies from the final order, a brief statement of
reasons for the decision.
Compensation and costs[edit]
The functions of a civil court may be performed by a criminal court by
virtue of Section 357, 358 and 359. This has been done to provide just,
speedy and less expensive redress to the victim. [citation needed] The court is
empowered to levy a fine from the offender. Such fine may, wholly or in
part, be used for the purpose of compensating the victim as per the
amendment of 2009. A new section 357A has been inserted which talks
of victim compensation scheme. Further in the year 2013 two new
sections namely section 357B and section 357C were inserted to make
compensation to the victim (as defined under section 2(wa))in addition to
fine imposed under section 364A or 376D of the IPC as well as
treatment of victim respectively.
Post-conviction orders[edit]
Having regards to the age, character and antecedents of the offender,
and the circumstances in which the offence was committed, if the Court
convicting the accused considers it expedient to release the offender, it
may do so either on probation of good conduct or after due
admonishment. This provision is contained in Section 360 of the Code.
Thus the court may direct that the offender be released on his entering
into a bond, with or without sureties. The offender is further required to
keep peace and be of good behaviour as well as appear thereafter
before the court when called upon during such period as the court may
decide. This period should not exceed three years. The following
conditions have to be satisfied:

 There is no previous conviction proved against the offender.


 In case the person convicted is a woman of any age, or a man aged
below twenty-one years, the offence committed is not punishable with
life imprisonment or death penalty.
 In case the person is a man above twenty-one years of age, the
offence of which he is convicted is punishable with fine.
Alternatively, the offender may be released after due admonition, if the
following conditions are satisfied:

 There is no previous conviction proved against the offender.


 The offence of which the accused is convicted is any of the following:

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.

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