The Cr PC : Meaning And Definition of Judgment

Definition of Judgment – Judgment can be defined as final order or decision given by court in any legal action or proceedings.

Chapter XXVII of Code of Criminal Procedure, 1973 deals with provisions related to Judgments and its delivery.

In the SC case of Surendra Singh & Ors v. The State of U.P [1] the apex court defined the term judgment as “the final decision of the court intimated to the parties and to the world at large by formal ‘pronouncement’ or ‘delivery’ in open court.”

What constitutes Judgment?

Section 354 of the code deals with language and contents of judgment. As per this section, every judgment shall be written in the language of the court.  The language shall be determined by the state government. (Section 272 CrPC, 1973). The judgment shall contain points of determination and the reasons for the decision. Every judgment should be a speaking order. The judgment shall contain the specifications as to the offence of which the accused is convicted and the punishment provided for such offence. If any doubt arises as to which of the two parts of same section the offence falls or which the accused has committed, the court shall specify the same in alternative. Also the court is duty bound to give reasons for the punishment of death penalty to any accused for an offence.

How is the Judgment to be delivered?

Section 353 deals with in which the judgment of criminal court has to be delivered. It provides that judgment should be delivered immediately after termination of trial or at subsequent time with notice to both parties. Every judgment has to be pronounced by presiding officer in open court by delivering whole of the judgment or reading out whole of judgment or reading out the operative part of judgment and explaining the substance of the judgment in the language understood by both the parties. Criminal jurisprudence provides that the judge who hears the evidence should write the judgment.

Section 362 of CrPC, 1973 provides that when the judgment is signed by the judge or the final order is disposed the court is not allows to alter or review the judgment except to correct a clerical or arithmetical error.

[1] Surendra Singh & Ors v. The State Of U.P 1954 AIR 194.

Vaishali Phull

Content Writer, Law Corner, Student of BBA LLB, 3rd Year, Sharda University

Leave a Comment