What will be the language and contents of judgment?

Question: What will be the language and contents of judgment?

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Answer

Section 354 of the Code of Criminal Procedure lays down the provision regarding the language and contents of a judgment. Section 354 (1) provides that:

(1) Except as otherwise expressly provided by this Code, every judgment referred to in section 353,—

• shall be written in the language of the Court;
• shall contain the point or points for determination, the decision thereon, and the reasons for the decision;
• shall specify the offence (if any) of which, and the section of the Indian Penal Code or other law under which, the accused is convicted and the punishment to which he is sentenced;
• if it is a judgment of acquittal, it shall state the offence of which the accused is acquitted and direct that he be set at liberty.

The language and contents of the judgment must be self-contained and should show that the Magistrate/Judge had applied his mind to the facts and the evidence. It has to specify the offence of which and the section of the Indian Penal Code or any other law under which the accused is convicted and the punishment to which he is sentenced.

Moreover, the other clauses of section 354 lay down the additional contents of a judgment as required. They are as follows:

(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 death 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 or 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 case 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.

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