What is judgment under CrPC? What are the essentials to be incorporated in the judgment? Discuss.

Question: What is judgment under CrPC? What are the essentials to be incorporated in the judgment? Discuss. [UPCJ 2016]

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Answer

The Code of Criminal Procedure, 1973 does not define the term ‘judgment’ but means the same as defined under Section 2(9) of the Code of Civil Procedure as “the statement given by the judge of the grounds of a decree or order”.

Chapter XXVII of the CrPC, 1973 explains the meaning and procedure of passing judgment by a criminal court.

“Judgment” means the expression of the opinion of the Judge or Magistrate arrived at after due consideration of the evidence and of the arguments. Judgment means a judgment of conviction or acquittal, but not an order of discharge under section 245. It is a fundamental rule of criminal jurisprudence that the Judge who hears the evidence should write the judgment.

Section 354 requires that the judgment must be written in the language of the court unless it does not appear to the court practicable in the interest of justice. A judgment should contain the points for determination, the decision and the reasons for the decision, the particular offence, the relevant section of the Indian Penal Code (IPC) or other law under which an accused is punished, and the quantum of punishment should be mentioned. Following are the essentials to be incorporated in the judgment:

• The judgment must contain the issues which were raised before the court to be determined during the course of trial and it shall also specify the offence for which the accused was tried and for which she/he is convicted and the sentence which has been imposed upon him/her through the judgment.
• If the judgment is pronounced in a case where the maximum punishment is the death penalty and the court passes such a sentence, it must record the special reasons for passing such a sentence.
• Further, the court shall always state the reason for passing any sentence of imprisonment specifically when the sentence imposed is less than the mandatory sentence and when it is more than a normal sentence in the given facts and circumstances of the case.

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