This article has been written by- Mr. Loknath Saha, a 1st year LL. B student from Lloyd Law College.
INTRODUCTION
The Indian Judicial System is one of the most prominent and upright judicial systems in the world. The function and great role of the judiciary is to interpret and apply the laws of the land to cases coming before it and deliver speedy and fair justice to all on the following rule of law and natural justice. The judgment should reflect the principle of impartiality, ensuring that the decision is based solely on the evidence presented, legal provisions, and precedents. judgment should adhere to the procedural requirements outlined in the CrPC 1973. This includes ensuring that the accused’s rights are protected, such as the right to legal representation, the right to be heard, and the right to a fair trial. The judgment should reflect that due process has been followed throughout the proceedings.
PROVISIONS OF JUDGEMENTS UNDER CrPC
Section 353 of the Code of Criminal Procedure (CrPC) 1973 pertains to the judgment delivered by a court after the trial of a criminal case. It establishes the requirement for a judicial officer to pronounce a judgment in open court following the completion of the trial. The section states:
“Every judgment shall be pronounced in open court, either immediately after the termination of the trial or, at some subsequent time of which notice shall be given to the parties or their pleaders.”
This section emphasizes the importance of delivering judgments in an open court setting to ensure transparency and adherence to the principles of natural justice. The judgment should ideally be announced promptly after the conclusion of the trial or, in certain circumstances, at a later time after notifying the concerned parties or their legal representatives.
In the case of Ramu & Ram Kumar v. Jagannath, which took place in 1994, there was a situation where the lower court (known as the Session Court) had acquitted the accused individuals (Ramu and Ram Kumar) in a criminal case. However, the High Court, which has the authority to review the decisions of lower courts, disagreed with the Session Court’s decision and set aside the order of acquittal. The High Court believed that the Session Court’s decision went against the requirements outlined in Section 353 of the Code of Criminal Procedure (CrPC).
Section 354 of the CrPC 1973 deals with the language and contents of a judgment. It prescribes that the judgment should be written in the language of the court and should contain a concise summary of the case, the points for determination, the decision on those points, and the reasons for the decision.
Section 355 of the Code of Criminal Procedure (CrPC) outlines the specific details that a Metropolitan Magistrate (a specific type of judicial officer) needs to record when delivering a judgment in a criminal case. These details are as follows:
(a) The serial number of the case: Each case is assigned a unique identification number, and the Magistrate must note down this number for reference.
(b) The date when the offense was committed: The Magistrate should record the specific date on which the criminal act took place.
(c) The name of the complainant: If someone filed a complaint about the offense, the Magistrate needs to mention the name of that person.
(d) The name of the accused person, and their parentage and residence: The Magistrate must record the name, as well as the parentage (father’s name) and residential address of the person accused of the offense.
(e) The offense that is being complained about or proven: The Magistrate should state the specific crime that is the subject of the complaint or has been established during the trial.
(f) The plea of the accused and any examination conducted: The Magistrate needs to note down the plea (guilty or not guilty) made by the accused person and any examination that took place regarding their statement or evidence.
(g) The final order: The decision or order made by the Magistrate regarding the case, such as conviction or acquittal.
(h) The date of the final order: The specific date when the Magistrate issued the final order.
(I) Brief statement of reasons for the decision in cases where an appeal can be made: If there is a possibility of an appeal being filed against the final order, the Magistrate should provide a concise explanation for the decision they made.
Section 356 for notifying address of previously convicted offender: This section empowers the court to require a person who has been previously convicted of certain offenses to notify their current address to the police. This is done to keep track of such offenders and ensure public safety.
Section 357 Order to pay compensation: This section enables the court to order a convicted person to pay compensation to the victim for any loss or injury suffered as a result of the offense. The court may consider the nature of the offense and the financial capability of the offender when determining the amount of compensation.
Section 357A Victim compensation scheme: This section establishes a victim compensation scheme, which provides for the payment of compensation to victims of crime. The scheme aims to provide financial support and assistance to victims who have suffered physical or mental harm as a result of the offense.
Section 357B Compensation to be in addition to fine under section 326A or section 376D of Indian Penal Code: This section specifies that the compensation awarded to the victim under Section 326A (acid attack) or section 376D (gang rape) of the Indian Penal Code should be in addition to any fine imposed on the offender.
Section 357C. Treatment of victims: This section emphasizes the importance of treating victims with empathy, respect, and sensitivity during the criminal justice process. It encourages the establishment of facilities and support services for victims, including medical aid, counselling, and legal assistance.
Section 358 Compensation to persons groundlessly arrested: This section entitles a person who has been wrongfully arrested and detained to receive compensation. If a person is arrested without sufficient grounds and later found to be innocent, they may seek compensation for the harm caused by their wrongful arrest.
Section 359 Order to pay costs in non-cognizable cases: This section allows the court to order the payment of costs by the accused person in non-cognizable cases. Costs may be imposed to cover expenses incurred during the legal proceedings or to deter frivolous or vexatious complaints.
Section 360 Order to release on probation of good conduct or after admonition: This section grants the court the authority to release an offender on probation, subject to certain conditions and supervision. The court may also choose to admonish the offender, providing a warning and an opportunity for rehabilitation instead of imposing a formal punishment.
CONCLUSION
A judgment represents the final decision of a court in a case. It typically comes at the conclusion of a trial and determines the guilt or innocence of the accused. A judgment provides a comprehensive analysis of the evidence presented, the legal arguments made, and the court’s reasoning for arriving at its decision. Both judgments and orders play crucial roles in the functioning of criminal courts in India. Judgments establish the legal outcome of a case, determining the rights and liabilities of the parties involved. They provide a basis for appeal and serve as legal precedents in future cases.
REFERENCES
- Jatinder kumar and anothers vs. state of Punjab 2014