Governing Sections: 353 to 365 of the Code of

Criminal Procedure

Meaning: Judgment is a final reasoned decision of

the court as to guilt or innocence of accused.
 Shall be written in the Courts Language (to be decided
by the State Government). And shall be as per section
272 of the Code of Criminal Procedure.
 Shall contain points for determination, a careful
analysis and appreciation of evidence. Reaching
conclusion regarding proof of facts.
 Two points, i.e. accepting some fact and rejecting some
facts to be clearly mentioned.
 Shall specify a specific offence under a
specific section where the accused is convicted
or acquitted.

 If acquitted, then to specify that from this

moment he/ she shall be set at liberty.
 U/S 355, Judgment of Judicial Magistrate shall be
in abridged form considering following particulars
only,
 Sr. Number of the Case
 Date of the commission of offence
 Complainant Details
 Accused Details
 Plea of accused

 Final Order

 Brief reasons for the judgment

 Same form for judgment in summary trial

 In exceptional cases, after pronouncing
punishments, instead of sending him or her to
jail.

 This may regard to age, character, antecedents

or physical or mental conditions of the
accused.
 U/S 360 of the Code of Criminal Procedure,
the court may release him after admonition or
probation of good conduct.
  
 (I)Release on Probation of Good Conduct:
  
 (II) Release after admonition
  
 No imprisonment in case o young Offenders
  
 Special Directives in case of Non Punitive measures
  
  
 IV) Judicial Discretion in sentencing
  
  
 Sentence of Death – Special reasons to be
written. Also specifically written that he/ she
should be hanged till death.
 Sentence of Imprisonment:
 Mens rea, age, economic condition of the accused
to be noted. If different terms under different
provisions, then the court to mention those
different provisions under which an imprisionment
is prescribed.
 To be specifically mention the amount. If
imposed different amount under different
sections, to be mentioned in that effect.
 Compensation and Costs
 In defraying expenses incurred for prosecution, or
in paying compensation to the dependant of
diseased or in compensating bona fide purchasers
of the stolen property, the court should take in to
account the nature of the crime, the injury suffered
and justness of claim of compensation.
 The court may order to pay compensation to
the successful complainant.

 The court may award compensation for the

wrongful arrest.
 To be pronounced immediately after trial.

Modes of providing Judgment

 To be delivered in the open court.


 By reading out either part or only operative
part of the judgment.
 Signatures on each pages are needed. To be
signed and dated.

 Copies to be immediately made available to

the parties free of cost.
 The Supreme Court has issued certain
guidelines for Speedy Delivery of Justice
 
 Only clerical mistakes or arithmetical mistakes
are permitted to rectify after pronouncement of
the judgment.
 Panchu Shaikh V. Emperor, AIR 1943 Cal
612
  
 A judgment should indicate careful analysis
and appraisal of evidence. It should also have
the conclusion regarding proof of facts.
  
 State of Punjab V. Jagdev Singh Talwandi,
1984, SCC 596

 No judgment can be considered as judgment

unless the reasons for the accepting one and
rejecting other viewpoints are clearly
mentioned.
 Yakub Menon V. State of Maharashtra, 2013
SCC 1
 Mere conviction order is not a judgment. It
complete only after sentence is determined.
  State of Himachal Pradesh V. Rampal,
2015, II SCC 584
 There is a need to award compensation under
section 357 in case the accused is unable to
pay the compensation.
  Jacob George V. State of Kerla , 1994, 3
SCC, 430

 While fixing the amount of compensation the

court should consider the nature of crime, the
injury suffered, justness of the claim of
compensation, the capacity of accused to pay
compensation and other relevant factors.
 Laxmi V. Union of India, 2016, 3 SCC , 669
  
 The Supreme Court of India has issued
directions on quantum and manner of
disbursement on compensation to acid attack
victims under section 357 (a) of the Code of
Criminal Procedure.
  Tekram V. State of M P , 2016 , 4 SCC, 461

 The Supreme Court held that the state should

consider uniform scheme of victim
compensation to rape victims.