A Project Report On Criminal Procedure CODE, 1973.: Topic: Judgment (Section 353-365)

A PROJECT REPORT ON
CRIMINAL PROCEDURE
CODE, 1973.
TOPIC:
JUDGMENT ( SECTION 353-365 )
SUBMITTED TO:- SUBMITTED BY:-

Ms. Priya Vidul Kapoor
B.com L.L.B(HONS)
6th Semester
Roll No:- 223/16
UNIVERSITY INSTITUTE OF LEGAL STUDIES (UILS)

PANJAB UNIVERSITY
CHANDIGARH
UNIVERSITY INSTITUTE OF LEGAL STUDIES
INDEX OF AUTHORITIES
S.NO. PARTICULARS PAGE NO.
1. ACKNOWLEDGEMENT 3.
2. THE CODE OF CRIMINAL PROCEDURE 4-5.
3. INTRODUCTION 6.
4. JUDGMENT 7.
5. PROVISIONS RELATING TO JUDGMENT 8-21.
 Pronouncement/Delivery of Judgment(s-353)
 Language and Contents Of The Judgment
 Metropolitan Magistrate's Judgment
 Order for notifying address of previously convicted
offender
 Order to pay compensation
 Victim Compensation Scheme
 Compensation to be in addition to fine
 Treatment of Victims
 Compensation to persons groundlessly arrested
 Order to pay costs in non-cognizable offence
 Order to release on probation of good conduct or
after admonition
 Special reasons to be recorded in certain cases
 Court not to alter judgment
 Copy of judgment to be given to the accused and
other persons
 Judgment when to be translated
 Court of Session to send copy of finding and
sentence to District Magistrate
6. CONCLUSION 22.
8. BIBLIOGRAPHY 23.
2
ACKNOWLEDGEMENT
Success is a blend of multiple efforts. The final import of this project is also a result of sheer
hard work and constant support of many people. I would like to take this opportunity to thank
all of them for the help and guidance which they have given in the completion of the project
To begin with I would like to express my humble gratitude to my teacher, Ms. Priya, for her
able guidance and mentoring. The meticulous manner in which she teaches has paid
significantly in the completion of this project.
Secondly I would like to thank my department, University Institute Of Legal Studies,

Panjab University, Chandigarh , for providing such an expansive library which provided
me all the relevant material required for this project. Last but not the least, I would like to
express my profound gratitude to my parents and my friends who have constantly supported
and motivated me throughout this project.
VIDUL KAPOOR
3
THE CODE OF CRIMINAL PROCEDURE
The essential object of criminal law is to protect society against criminals and lawbreakers.
For this purpose the law holds out threats of punishments to prospective lawbreakers as well
as attempts to make the actual offenders suffer the prescribed punishments for their crimes.
Therefore, criminal law, in its wider sense, consists of both the substantive criminal law and
the procedural criminal law. Substantive criminal law defines offences and prescribes
punishments for the same, while the procedural criminal law is to administer the substantive
law.
The Code of Criminal Procedure (CrPC ) is the main legislation on procedure for
administration of substantive criminal law in India. It was enacted in 1973 and came into
force on 1 April 1974. It provides the machinery for the investigation of crime, apprehension
of suspected criminals, collection of evidence, determination of guilt or innocence of the
accused person and the determination of punishment of the guilty. Additionally, it also deals
with public nuisance, prevention of offences and maintenance of wife, child and parents. At
present, the Act contains 484 Sections, 2 Schedules and 56 Forms. The Sections are divided
into 37 Chapters.
The Penal code, 1860 (IPC), together with the other penal laws like the Prevention of Food
Adulteration Act, Protection of Civil Rights Act, Dowry Prohibition Act, etc., constitute our
substantive criminal law. Obviously, this substantive criminal law by its very nature, cannot
be self operated. A person committing an offence is not automatically stigmatised and
punished; nor would the offender be, generally speaking, interested in confessing his guilt
and receiving the sentence. It is for this reason that the procedural criminal law has been
designed to look after the process of administration and enforcement of the substantive
criminal law. In the absence of procedural law, the substantive criminal law would be almost
worthless. Because, without the enforcement mechanism, the threat of punishment held out to
the law breakers by the substantive criminal law would remain empty bin practice.
Our law of criminal procedure is mainly contained in the Criminal Procedure Code,1973
(CrPC) which has come into force from 1 April,1974. It provides the machinery for the
detection of crime, apprehension of suspected criminals, collection of evidence,
4
determination of the guilt or innocence of the suspected person, and the imposition of suitable
punishment on the guilty person. The CrPC also controls and regulates the working of the
machinery set up for the investigation and trial of offences. It involves “a nice balancing of
conflicting considerations, delicate weighing of opposing claims clamouring for recognition,
and the extremely difficult task of deciding which of them should predominate.”1
The code has tried to make itself exhaustive and complete in every respect; and it has
generally succeeded in this attempt. However, if the court finds that the code has not made
specific provision to meet the exigencies of any situation, the court has inherent power to
mould the procedure to enable it to pass such orders as the ends of justice may require.2 It has
however been declared by the Supreme Court that the subordinate courts donot have inherent
power.3
The Criminal Procedure Code is applicable in the whole of India except in

the State of Jammu and Kashmir. The Parliament's power to legislate in respect of Jammu &
Kashmir is curtailed by Article 370 of the Constitution of India. Provided that the provisions
of this Code, other than those relating to Chapters VIII, X and XI thereof, shall not apply-
A) to the State of Nagaland B) to the tribal areas,
However the concerned State Government may, by notification apply any or all of these
provisions in these areas. Moreover, the Supreme Court of India has also ruled that even in
these areas, the authorities are to be governed by the substance of these rules. The procedure
spells much of the difference between rule of law and rule by whim and caprice.4
As the law of criminal procedure is complementary of the substantive criminal law, its failure
would seriously affect the substantive criminal law which in turn would considerably affect
the protection that it gives to society. Therefore it has been rightly said that too much
expense, delay and uncertainty in applying the law of criminal procedure would render even
the best penal laws useless and oppressive.5
1
37th Report, p.I.
2
Akhil Bandhu Ray v.Emperor,(1938) 39 Cri LJ 596:AIR 1938 Cal 258
3
A.S. Gauraya v. S.N. Thakur, (1986) 2 SCC 709
4
Iqbal Ismail Sodawala v. State of Maharashtra, (1975) 3 SCC 140
5
Ragbava Nadar Regbu v. State, 1988 Cri LJ 1364 (Ker), 1373.
5
INTRODUCTION
The main functions of a criminal court are two fold: 1) to decide as to the guilt or innocence
of the accused person tried before it; and 2) if such person is found guilty of any offence, to
determine as to the appropriate punishment or other method of dealing with him. in every
trial, irrespective of its nature, the court will have to give a judgment in the case at the
conclusion of the trial. The judgment is the final decision of the court, given with reasons, on
the question of guilt or innocence of the accused person.
It also includes the court’s decision as to the punishment the guilty person has to suffer, or s
to the conditions subject to which the offender is to be released without being punished as
such. The entire process of judgment could be understood in six parts. Part A- Form and
contents of Judgment, Part B- Considers the post conviction orders, Part C- discusses the
decisions as to punishment, Part D- mentions the precautionary and preventive orders, part E-
considers the provisions relating to compensation and costs, Part F- deals with
pronouncement of Judgment and other ancillary matters.
The Principle of Finality has to be considered because the essence of law is that litigation
must come to an end. The judgment so given must be well reasoned. In law, a judgment is a
decision of a court regarding the rights and liabilities of parties in a legal action or
proceedings. Judgment also generally provides the Court’s explanation of why it has chosen
to make a particular court order. Perhaps, ‘Reasons for Judgment’ is often used
interchangeably with Judgment. Although, the former refers to the Court’s justification of its
judgment while the latter refers to the final court order regarding the Rights and liabilities of
the parties.
The Court must, therefore, reflect its conscious application of mind and record findings
supported by reasons, on all the issues arising along with the contentions put forth, and
pressed by the parties for decision of the court. This would satisfy the court hearing a further
appeal that the Trial court had discharged the duty expected of it and would be easy for the
appellate Court to consider the facts and reasons easily.
6
JUDGMENT
Judgment is the final decision of the court with regard to the guilt or innocence of the accused
given with reasons, on the question of the guilt or innocence of the accused person. it also
includes the courts decision as to the punishment the guilty person has to suffer , or as to the
conditions subject to which the offender is to be released without being punished as such. if
guilt is proved then judgment must contain also contain an order requiring the accused to
undergo punishment.
A sentence is complete only when sentence is determined

The main function of a criminal court are twofold:
1. To decide the guilt or innocence of the accused person tried before it
2. If such person is found guilty of any offence , to determine as to the appropriate
punishment or other method of dealing with him.
It was held in the case of U. Manjunath Rao Vs. U. Chandrashekar & Anr6 that ,’’ A Judge
has to constantly remind himself that absence of reason in the process of adjudication makes
the ultimate decision pregnable It is well settled in law that the reason is the life of law. It is
that filament that injects soul to the judgment. Absence of analysis not only evinces non-
application of mind but mummifies the core spirit of the judgment.
Every Judgment must contain:

1. the points of determination
2. the decision thereon
3. the reasons for such decisions
it is about acquittal or conviction and does not include an order of discharge of a case or
dismissal of a complaint7. Sections 353 to 365 deals with the important provisions of criminal
judgment.
6
Civil Appeal No.9951 of 2017 arising out of S.L.P. (Civil) No. 27646 of 2014.
7
Dwarka Nath v. Beni Madhub (1901) ILR 28 Cal 652
7
PROVISIONS RELATING TO JUDGMENT
1. PRONOUNCEMENT/DELIVERY OF JUDGMENT(S-353)
The presiding officer of the court immediately after the trial pronounces the judgment in open
court. The court may reserve the judgment for a future date by giving notice to the parties or
pleaders. The court may deliver the judgment:
 by delivering the whole of the judgment, written and signed and bearing the date of
the delivery of judgment
 b) by reading out the whole of the judgment, dated and signed by the presiding officer
in open court.
 c) by reading out the operative part of the judgment dated and signed by the presiding
officer and explaining the substance of the judgment in a language known to the
accused or his pleader under clause (b) or clause (C) of sub-section 1.
Here, a copy of the judgment needs to be given to the party or his pleader immediately after
the judgment free of cost. Note: If the judgment is written in the handwriting of the judge,
every page need not be signed, otherwise every page of the judgment needs to be signed by
the Presiding Officer. The presiding officer is required by sub-section (2) to cause the
judgment to be taken down in short hand and to sign the transcript and every page thereof as
soon as it is made ready. The accused shall be present before the court at the time of
judgment.
However, in the following circumstances, the accused need not be present before the court on
the day of judgment
 If he is being acquitted
 b) If sentenced with fine only
 c) His appearance has already been dispensed with by the court during trial.
Where there are more than one accused, the court may pronounce the judgment even if one or
two of them remains absent in order to avoid undue delay and such judgment shall not be
invalid only for the reason of absence of any party, his pleader, omission or defect in serving
the notice, day and place of judgment etc.
8
Section 363 provides that where the appealable by the accused he is given certified copy of
the judgment free of cost and without delay. The delay in the supply of copy of judgment
would result in a situation where the accused would not be able to file appeal and obtain an
order from appellate court for his release on bail within a reasonable time. Secondly, another
result of this delay would be that a convict person who is sentenced to undergo a short period
of imprisonment would undergo the entire sentence till the copy of judgment is supplied.
The Supreme Court has rightly disapproved the undesirable practices of some judges
delivering judgments after several months since completion of hearing. The court has
correctly perceived it to be violation of the speedy trial, a right enriched in article 21 of the
Constitution8.
Where the case in the High Court was heard by a bench of 2 judges and the Judgment was
signed by both of them but delivered in the court by one after the death of another , it was
held that there was no valid Judgment and the case should be reheard9.
2. LANGUAGE AND CONTENTS OF THE JUDGMENT (SECTION-354)

Every judgment as under section 353:
 Shall be written in the language of the court
 Shall contain the points for determination, the decision and the reasons for the
decision.
 Shall specify the offence, the section of IPC/other laws under which the accused is
convicted and the punishment given.
 In case of acquittal, the offence of which he was acquitted and directs his liberty
When it is doubtful under which two sections or parts of the same section, the offence falls,
the court may distinctly express the same and pass judgment in the alternative. When the
conviction is for offence punishable with death, special reasons for such sentence and when
conviction is for imprisonment for life or for a term, the judgment shall state the reasons for
sentence.
8
Anil Rai v. State Of Bihar (2001) 7 SCC 318
9
Surendra Singh v. State Of U.P, (1954) Cri LJ 475
9
When the conviction is for a period of one year or more but the court awards imprisonment
for a term less than three months, reasons for the same shall be recorded unless it is a
summary trial or imprisonment till the raising of the court. .
In case of death penalty, the sentence shall direct that the accused be hanged by neck till he is
dead. Further every order passed under section 117, 125, 138(2), shall contain points of
determination, the decision and reasons for the decision as well.
It was held in the case of S.K Ghosh v. State10 that the judicial officer should be guided by
justice fair play and restraint in giving their opinions in the judgment. Further in the case of
Niranjan Mondal v. Union of India11, it was held that it must appear from the judgment that
the court has applied its mind to the facts and circumstances of the case.
Further it was held in the case of Pritam Singh v. state of Punjab12, that a judge shall not
substitute his observations for evidence and no conviction can be made on the observations of
the judge and it is not justified. Therefore a judgment pronounced by a court in violence of
section 354 of the Code without recording a finding is not a good practice13.
The Hon’ble Supreme Court has held in the case of State of Punjab v. Jagdeo Singh
Talwandi ,’’If the appellate court rejects the appeal without specifying reasons, it is not a
good decision and re- trial can be ordered in such cases14 . However, if an appeal is
summarily rejected by the court, no formal judgment needs to be given in such cases.”
In case of death sentence special reasons must be given by the court and must consider the
special circumstances under which death penalty is imposed15.
10
AIR (1969) Orissa 228 AT P-233
11
(1978) Cr LJ 636 (Cal)
12
AIR 1956 SC 415
13
Bhajan Sue v. State,1975 Cr.LJ 236
14
(1984) Cr LJ 177
15
B.Kumar v. Inspector of Police (2015) 2 SCC 346
10
3. METROPOLITAN MAGISTRATE'S JUDGMENT (SECTION-355):

1. A metropolitan magistrate may in the alternative pass an abridged judgment stating:
 The serial number of the case
 The date of the commission of the offence
 The name of the complainant (if any);
 The name of the accused person, and his parentage and residence
 The offence complained of or proved;
 The plea of the accused and his examination (if any)
 The final order;
 The date of such order;
(i) in all cases in which an appeal lies from the final order either under section 373 or under
sub- section (3) of section 374, a brief statement of the reasons for the decision
The Magistrate must apply his mind and state the reasons leading to conviction. Omission to
give reasons for conviction is an irregularity and can, be judged by the court of revision.
2. Judgments in case of summary trails are not required to be recorded in the manner
mentioned in Section 354. The record and judgment of summary trails must be in the
specified abridged form as provided by Section 263 to 265.
4. ORDER FOR NOTIFYING ADDRESS OF PREVIOUSLY CONVICTED

OFFENDER (SECTION- 356)
In case of conviction under section 215, 489 A-D, 506 of IPC, punishable with imprisonment
for a term which may extend to 7 years or fine or both and in case of offence punishable
under Chapter XII, XVI or XVII of IPC with imprisonment for a term exceeding three years
(including attempt, conspiracy the law and abetment) is again convicted for any of the
offences under those sections or chapters any court (other than JM Class II), may also order
that his residence or change of residence, change or absence from such residence after release
be notified for a term not exceeding 5 years from the date of expiry of such sentence.
If such conviction is set aside on appeal or revision, such order shall become void. The
government may make rules with regard to notification and punishment for violation of such
rules
11
5. ORDER TO PAY COMPENSATION (SECTION- 357)

The object of section 357 is to provide compensation to the persons who are entitled to
recover damages from the convicted person. Criminal law focuses entirely on the conviction
and punishment of the offender and there are no provisions to ameliorate the victim or his
family members for their loss. Punishment alone cannot support the victim or his hapless
dependents; they also need to be compensated for the injury or loss.
According to the High Court of Punjab & Haryana - The 'victim', the de facto sufferer of a
crime had no participation in the adjudicatory process and was made to sit outside the Court
as a mute spectator. The ethos of criminal justice dispensation to prevent and punish 'crime'
would surreptitiously turn its back on the 'victim' of such crime whose cries went unnoticed
for centuries in the long corridors of the conventional apparatus. Various international
Declarations, domestic legislations and Courts across the world recognized the 'victim' and
they voiced together for his right of representation, compensation and assistance16.
The UN Declaration of Basic Principles of Justice for the Victims of Crime and Abuse of
Power, 1985, which was ratified by a substantial number of countries including India, was a
landmark in boosting the pro-victim movement. The Declaration defined a 'victim' as
someone who has suffered harm, physical or mental injury, emotional suffering, economic
loss, impairment of fundamental rights through acts or omissions that are in violation of
criminal laws operative within a State, regardless of whether the perpetrator is identified,
apprehended, prosecuted or convicted and regardless of the familial relationship between the
perpetrator and the 'victim17.
The opinion of the Apex Court in Rattan Singh v. State of Punjab is worth quoting here -
the Supreme Court in this case lamented against complete desertion of a victim in our
criminal jurisprudence observing that "The victimization of the family of the convict may
well be a reality and is regrettable. It is a weakness of our jurisprudence that the victims of
the crime, and the distress of the dependents of the prisoner, do not attract the attention of the
law. Indeed, victim reparation is still the vanishing point of our criminal law. This is a
deficiency in the system which must be rectified by the Legislature.18
16
High Court Of Punjab & Haryana v. Atma Tube Products Ltd.
17
ibid
18
(1979) 4 SCC 719
12
The Malimath Committee on Criminal Reforms has put it aptly - the people by and large have
lost confidence in the criminal justice system and the bewildered victim is crying for attention
and justice. The Committee recommended the right of the victim or his legal representative
'to be tances impleaded as a party in every criminal proceeding where the charge punishable
with seven years of imprisonment or more; the right of voluntary organizations for
impleadment in court proceedings in select cases; the victim's right to be represented by an
advocate of his choice and if he is not in a position to afford, to provide an advocate at the
State's expenses; victim's right to participate in criminal trial; the right to know the status of
investigation and take necessary steps in this regard and to be heard at crucial stages of the
criminal trial including at the time of grant or cancellation of bail.
The Committee further recommended that "the victim shall have a right to prefer an appeal
against any adverse order; he should be provided legal services and that 'victim
compensation' is a State obligation in all serious crimes, whether the offender is apprehended
or not, convicted or acquitted and for this object a separate legislation be enacted
Punishment alone cannot provide justice in every case and thus the power to pay
compensation is a provision that re-assure the victim that he or she has not not been forgotten
in the administration of criminal justice system.
A court may order the fine or part of the fine to be applied for thef following:
 To meet the expenses in prosecuting the case
 As compensation for any loss or injury where civil remedies are applicable
 As compensation to those who are entitled to recover damages under the Fatal Accidents
Act from the accused for causing death.
 For compensating any bonafide buyer for loss due to restoration of property to the
original owner
No such payment will be made during the period of pending appeal. Compensation can also
be ordered by the court even in cases where provision of fine is not there. Order for
compensation can also be made by the appellate court, Court of Session or High Court. Such
compensation shall be taken in to consideration if compensation is awarded in any civil suit
subsequently.
13
R.Vijayan v. Baby19 If the sentence is with fine, the compensation can be met out of such fine
but in cases where sentence does not include fine, the courts can award compensation to the
injured or who has suffered loss by awarding compesnsation under section 357(3)
It was held in the case of Y.Sreelatha v. Mukanchand Bothra20 that under 357(3), the
Judicial Magistrate can award any sum as compensation according to the facts and
circumstances of the case and the necessity of the situation.
However capacity of the convict to pay compensation is an important factor here. There is no
purpose in imposing a fine on a person who is unable pay compensation. Rather than paying
compensation he will prefer to undergo imprisonment in lieu of fine. Thus the court has to
apply its mind in deciding compensation. Compensation can be directed to be paid both in
terms of sub-section (1) of Section 357 of the Code of Criminal Procedure as also sub-section
(3) thereof .However while exercising jurisdiction under sub-section (3) of Section 357, no
direction can be issued that in default to pay the amount of compensation, the accused shall
suffer simple imprisonment.
Such an order could be passed only in terms of sub- section (1) of section 357. If
compensation directed to be paid by the court in exercise of its jurisdiction under sub-section
(3) of section 357 Cr.P.C is not deposited, the same can be realized as fine in terms of section
431 of the Code.
6. VICTIM COMPENSATION SCHEME (SECTION-357A)

In a welfare state, security of persons and property of the people is an essential function of
the State. The law regulates social interests, arbitrates conflicting claims and demands.
Security of persons and property of the people is an essential function of the State. But when
the State fails to protect the person or property of its people, whose guardian it actually is,
then it must come forward to compensate the hapless victim so as to alleviate his/her
sufferings.
The process to compensate for 'alleviating the suffering' must ensue from the moment the
State's failure has occurred first, that is, when the violation of a person's rights has occurred
and criminal prosecution got initiated and this is, indeed, the reason because of which the
19
(2012) (1) SC 260
20
2002 (1) MWN (Cr) DCC (Mad) 68.
14
concept of interim compensation' came into being. The needs and rights of the unfortunate
victim of crime should receive attention on priority in the overall response to crime. One
recognized method of protection of victims is, indeed, compensation to victims of crime.
Although, the needs of victims and their family are extensive and varied but interim
compensation might come as a strong bulwark of social and economic justice which is a
pious aspirant of our constitutional jurisprudence and aspiring egalitarian society. The state
government in coordination with the Central government shall create a fund for providing
compensation to the victims or dependents for their loss or injury as a result of the crime. The
respective Legal Service Authority shall decide the quantum of compensation to be awarded
as ordered by the court.
If the compensation as awarded is inadequate for rehabilitation or the accused is acquitted,

the trial court may make recommendation for further compensation. In case the accused is not
identified or where no trial takes place, thee victim/dependents may make an application to
the District Legal Service Authority for compensation and the Authority after due inquiry
may award compensation within 2 months. The authority may also order immediate first aid
to the victim free of cost on the certificate of police officer not below the rank of officer in
charge of police station or magistrate of concerned area21.
While reformation of the criminal is only one side of the picture, rehabilitation of the victims
and granting relief from the sufferings which are caused to them as a result of the offences
committed by the criminals is a factor which seems to have been completely overlooked
while defending the cause of the criminals for abolishing deterrent sentences. Where one
person commits three murders it is illogical to plead for the criminal and to argue that, his life
should be spared, without at all considering what has happened to the victims and their
family. When the accused is unable to pay compensation, the court may order it to be paid by
the state.
Apart from the sentence and fine/compensation to be paid by the accused, the Court has to
award compensation by the State under section 357A when the accused is not in a position to
21
Union Of Indian v. Sriharan Murugan &ors (2016) 7 SCC 1
15
pay fair compensation22. Regarding the quantum of compensation, it was held by the court
that the power under this section is to be exercised by the courts for the benefit of the victim.
This power of courts to award compensation is not ancillary to other sentences but it is in
addition thereto. This power was intended to do something to reassure the victim that he or
she is not forgotten in the criminal justice system. It is a measure of responding appropriately
to crime as well of reconciling the victim with the offender. The court has to consider a
variety of factors in awarding such compensation23.
7. COMPENSATION TO BE IN ADDITION TO FINE UNDER SECTION 326A OR

376D IPC (SECTION-357B)
The compensation payable under 357A is in addition to the payment of fine payable under
section 326A or 376D of IPC. Thus in the case of victims of acid attack and rape the
compensation to be provided under section 357A is in addition the already existing
provisions of compensation as given under the sections 326A or 376D
8. TREATMENT OF VICTIMS (SECTION-357C)

All hospitals, government, public, private, maintained by local bodies etc shall provide free
of cost first aid or medical treatment to victims of offence under sections 326A, 376, 376A to
E, IPC and shall immediately inform the police. This section imposes a mandatory duty on all
hospitals to provide first aid to a victim of acid attack or rape. The hospitals cannot refuse to
provide first aid whenever such a victim is brought to the hospital. Denial of treatment of
rape survivors is punishable under Section-166 B IPC with imprisonment for a term which
may extend to one year or with fine or with both.
Tekan v. State of Madhya Pradesh24- Insisting the need of a uniform victim compensation
scheme, the Apex court held that:
 Indisputably, no amount of money can restore the dignity and confidence that the
accused took away from the victim. No amount of money can erase the trauma and grief
the victim suffers. This aid can be crucial with aftermath of crime.
22
State Of M.P v. Mehtab (2015) SCC 197
23
Manohar Singh v. State Of Rajashthan (2015) 3 SCC 499
24
Criminal Appeal No. 884 of 2015 , decided on Feburary 1,2016
16
 The victim, being in a vulnerable position and who is not being taken care of by anyone
and having no family to support her either emotionally or economically, we are not
ordering the respondent State to give her any lump sum amount as compensation for
rehabilitation as she is not in a position to keep and manage the lump sum amount.
 That no uniform practice is being followed in providing compensation to the rape victim
for the offence and for her rehabilitation. This practice of giving different amount
ranging from Rs.20,000/- to Rs.10,00,000/- as compensation for the offence of rape
under Section se originally 357A needs to be introspected by all the States and the Union
monition Territories. They should consider and formulate a uniform scheme specially for
the rape victims in the light of the scheme framed in the State of Goa which has decided
to give compensation up to Rs.10,00,000/
9. COMPENSATION TO PERSONS GROUNDLESSLY ARRESTED ( SECTION-358)

Magistrate may award compensation not exceeding Rs.1000/- to a person arrested
groundlessly from the person liable for causing of such arrest. This is in view of the number
of vexatious cases being filed against innocent persons and the police also acting in an
unbecoming manner in aid of the perpetrators . This is in addition to punishment as provided
under IPC. However the amount of compensation as provided under the section seems to be
too inadequate to act as any deterrent.
10. ORDER TO PAY COSTS IN NON-COGNIZABLE CASES (SECTION-359)

In case of non-cognizable offences leading to conviction, the court may in addition to penalty
order cost to be paid to the complainant and in default sentence the accused simple
imprisonment for a period not exceeding 30 days. Such cost includes process fee, pleaders
fee, charge to witnesses etc. An order under this section can also be made by the appellate
court, High Court or Court of Session.
11. ORDER TO RELEASE ON PROBATION OF GOOD CONDUCT OR AFTER

ADMONITION (SECTION 360)
Release on Probation - On conviction of a person above the age of 21 years with fine only,
or with imprisonment for a term less than seven years and in case of a person below 21 years
of age or a woman is convicted of an offence not punishable with death or imprisonment for
life and no previous conviction is proved, the court after considering the age, character,
antecedents and the circumstances in which the offence was committed may release them on
17
probation of good conduct. The court may release them on bond with or without sureties to
appear and receive sentence when called upon during such period not exceeding three years
and in the meantime maintain peace and good behaviour. If the conviction is by a magistrate
of the second class, he may forward the accused to the Magistrate Class I for release as above
in deserving cases and such magistrate shall dispose of the case forwarded to him as if it is a
case originally dealt with by him.
Admonition and Release - In case of conviction for theft, theft in a building, dishonest
misappropriation, cheating or offences punishable with fine only or imprisonment not
exceeding two years and no previous conviction is proved, the court having regard to the age,
character, antecedents of the offender was committed may instead of sentencing, release him
after due admonition.
Order under this section can also be made bt the appellant court, High court or Court of
session these courts may also set aside the order of the trial court on appeal or revision.
However, the High Court or Court of Session shall inflict punishment according to the
jurisdiction of the trial court only.
Before such release the court may ensure that the offender or his surety has a fixed place of
abode or regular occupation and also impose other conditions.In case of violation of the
conditions of release, the court may order his re-arrest. On such re-arrest the offender shall be
brought to the court and the court may remand him to custody or admit him to bail till the
case is disposed off. The Probation of Offenders Act or the Children Act 1960 or such other
laws are not affected by the provisions of this section.
Probation System- The following are the important aspects of probation system:
 Instead of imposing fine or sentencing the accused is released by the Magistrate on
executing a bond with or without sureties.
 The accused released on probation will be under the supervision of a probation officer
for a certain period subject to such and such conditions as imposed.
18
It was held by the Hon’ble Supreme Court in Sunil Kumar v. State of Haryana that the court
cannot pass an order of probation once a judgment of conviction has been passed as the court
becomes functus offcio after the delivery of judgment25.
The Supreme Court in State of Karnataka v. Muddappa - It depends on the facts and
circumstances of the case whether the benefit of Probation of Offenders Act could be
extended to any particular case. It can even be extended to an offence under section 304 Part
II IPC26. Also in Panchu Parida v. State of Orissa- In this case it was held that the court is
not to extend the benefit of this section to the offences where honour and dignity of a woman
is concerned27
Objective of the Section: The aim of the section is to reform the offender and bring him
back to the main stream. The objective of this provision is well explained by the SC in the
case of Bishnu Deo v. State of West Bengal 28- It is with this purpose of reformation of the
offender that sections 360 and 361, CrPC have been enacted. Sector 360 empowers the Court
to deal leniently cut for with a person who has committed an offence for the first time by
releasing him on probation of good conduct instead of giving punishment. This is in order to
give him a chance of reforming himself and to protect him from being corrupted and turned
into a regular criminal.
If the Court refrains from dealing with an offender under section 360 CrPC or under any
other law for the treatment, training or rehabilitation of youthful offenders, the court has to
record in its judgment the 'special reasons' for not doing so under section 361. Section 361
thus casts a duty upon the court to apply the provisions of section 360 wherever it is possible
to do so and to state "special reasons" in otherwise. The "special reasons" contemplated by
section 361 must be such as to compel the Court to hold that it is impossible to reform and
rehabilitate the offender after examining the matter with due regard to the age, character and
antecedents of the offender and the circumstances in which the offence was committed.
25
(2012) Cr LJ SC 2093
26
(1999) 5 SCC 732
27
(1993) Cr. Lj 953
28
AIR 1979 SC 964
19
11. SPECIAL REASONS TO BE RECORDED IN CERTAIN CASE (SECTION-361)

The court shall record the special reasons in the judgment for not proceeding under section
360 or Probation of Offenders Act 1958 or the Children Act 1960 wherever it might have
applied these provisions.
12. COURT NOT TO ALTER JUDGMENT (SECTION-362)

No court shall after signing the judgment shall alter or review it, (other than to correct clerical
or arithmetical error) except as provided under the code or any other law for the time being in
force. However it can be altered before it is signed and sealed. The court cannot recall its
order on the ground that the parties were not heard29.The Magistrate also cannot exercise
inherent jurisdiction to restore the case30.
13. COPY OF JUDGMENT TO BE GIVEN TO THE ACCUSED AND OTHER

PERSONS (SECTION-363)
A copy of the judgment be given free of cost to the accused sentenced with imprisonment.
The court shall also provide a certified or a translated copy to the accused on his application.
It shall be provided free of cost wherever the order is appealable. In case of death penalty,
certified copy the judgment be given to the accused immediately even without his applicaton.
In case of appealable orders, the court shall inform the convict the time within which the
appeal has to be filed.
Any person affected by a judgment (other than the accused-convict) be given a certified copy
of judgment or order of any deposition or other part of record on payment of prescribed fee or
free of cost in the discretion of the court for any special reason. The High Court may frame
rules for providing copies of judgments to persons who are not affected by the judgment.
14. JUDGMENT WHEN TO BE TRANSLATED (SECTION 364)

If the original is recorded in a language different from the language of the court, the accused
so desires, a translated copy in the language of the court be added to the record.
29
State v. Rajasekhar Rao 1998 Cr. LJ 2015
30
K.R Shashidra v. Shivaram Puttaraya 1996 Cr. LJ 1267
20
15. COURT OF SESSION TO SEND COPY OF FINDING AND SENTENCE TO

DISTRICT MAGISTRATE (SECTION-365)
A copy of the judgment shall be forwarded by the court to the District Magistrate within
whose jurisdiction the trial was held. It was held in the case of Ajay Singh and Others v.
State of Chattisgarh31, by the Supreme Court that, a judge has to be diligent:
 It is apposite to note that though Cr PC does not define the term ;"judgment", yet it
has clearly laid down how the judgment is to be pronounced. The provisions clearly
spell out that it is imperative on the part of the learned trial judge to pronounce the
judgment in open court by delivering the whole of the judgment or by reading out the
operative part of the judgment and explaining the substance of the judgment in a
language which is understood by the accused or his pleader.
 A trial Judge should remember that he has immense responsibility as he has a lawful
duty to record the evidence in the prescribed manner keeping in mind the command
postulated in section 309 of the CrPC pronounce the Judgment as provided under the
code. A judge in charge of the trial has to be extremely diligent so that no dent is
created in the trial and in its eventual conclusion. Mistakes made or error committed
are to be rectified by the appellate court in exercise of "error jurisdiction".
The Hon’ble Bihar High Court in the case Shree Lal Sarof v. State of Bihar32When any
person is affected by a judgment or order passed by a criminal court, then on an application
made in this behalf under Section 363(5) and on payment of prescribed charges, a copy of the
order, deposition or any other part of the record has to be given to him irrespective of the fact
whether he has appeared in court or not.
The question whether the High Court can order two sentences concurrent under § 482 has
been answered in affirmative by the Madhya Pradesh High Court.
31
Criminal Appeal Nos.32-33 of 2017,decided on January 6,2017
32
1979 Cri LJ 895, 896 (Pat)
21
CONCLUSION
Criminal Code of Procedure contains the procedures to seek substantive criminal law in India
with regards to the offences like bailable and non-bailable offences, The criminal trial process
has to undergo through the active prism of Police and Judiciary. Police and courts
complement the functions of each other.
“No judicial order, which is not a speaking order, can withstand the test of legal scrutiny. It is
an old saying that ‘a judge should not speak but his judgements should speak,’ In arriving at
the conclusion about the guilt of the accused, the court has to judge the evidence by the
yardstick of probabilities, its intrinsic worth and the animus of witnesses. Every case in the
final analysis would have to depend upon its own facts.33
The judgment of the Trial Court represents the final episode in the trial of the accused. A
judgment in this context is the final decision of the court intimated to the parties and the
world at large by formal “pronouncement” or delivery in open Court.34 Moreover any person
who is aggrieved ny a judgment or order passed by a criminal court, on application and
payment of prescribed charges, has to be provided with the copy of order, deposition or any
other part of record irrespective of whether he has appeared in court or not.
Law is an interpretive concept. Ronald Dwarkin in 'Law's Empire'- 'Law beyond Law',
suggests:- "Judges should decide what the law is by interpreting the practice of other judges
deciding what the law is. General theories of law, for us are general interpretation of our
judicial practice law as integrity, which unites jurisprudence and adjudication. It makes the
content of law depend not on special conventions or independent crusades but on more
refined and concrete interpretations of the same legal practice it has begun to interpret.
33
State of Punjab v. Jagir Singh , (1974) 3 SCC 277.
34
Iqbal Ismail Sodawala v. State of Maharashtra, (1975) 3 SCC 140.
22
BIBLIOGRAPHY
 Bare Act, The code of criminal procedure, 1973

 R.V. KELKAR’S, Criminal Procedure, 6th edition, reprinted 2018.
 R.V. KELKAR’S, Lectures on Criminal Procedure, 6th edition.
WEBLIOGRAPHY
 www.Indiankanoon.org
 www.manupatra.com
 www.scconline.com
 www.lawfinder.com
 www.livelaw.com
23

A Project Report On Criminal Procedure CODE, 1973.: Topic: Judgment (Section 353-365)

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A Project Report On Criminal Procedure CODE, 1973.: Topic: Judgment (Section 353-365)

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A PROJECT REPORT ON

SUBMITTED TO:- SUBMITTED BY:-

UNIVERSITY INSTITUTE OF LEGAL STUDIES (UILS)

S.NO. PARTICULARS PAGE NO.

2. THE CODE OF CRIMINAL PROCEDURE 4-5.

Secondly I would like to thank my department, University Institute Of Legal Studies,

THE CODE OF CRIMINAL PROCEDURE

The Criminal Procedure Code is applicable in the whole of India except in

A sentence is complete only when sentence is determined

Every Judgment must contain:

PROVISIONS RELATING TO JUDGMENT

2. LANGUAGE AND CONTENTS OF THE JUDGMENT (SECTION-354)

3. METROPOLITAN MAGISTRATE'S JUDGMENT (SECTION-355):

4. ORDER FOR NOTIFYING ADDRESS OF PREVIOUSLY CONVICTED

5. ORDER TO PAY COMPENSATION (SECTION- 357)

6. VICTIM COMPENSATION SCHEME (SECTION-357A)

If the compensation as awarded is inadequate for rehabilitation or the accused is acquitted,

7. COMPENSATION TO BE IN ADDITION TO FINE UNDER SECTION 326A OR

8. TREATMENT OF VICTIMS (SECTION-357C)

9. COMPENSATION TO PERSONS GROUNDLESSLY ARRESTED ( SECTION-358)

10. ORDER TO PAY COSTS IN NON-COGNIZABLE CASES (SECTION-359)

11. ORDER TO RELEASE ON PROBATION OF GOOD CONDUCT OR AFTER

11. SPECIAL REASONS TO BE RECORDED IN CERTAIN CASE (SECTION-361)

12. COURT NOT TO ALTER JUDGMENT (SECTION-362)

13. COPY OF JUDGMENT TO BE GIVEN TO THE ACCUSED AND OTHER

14. JUDGMENT WHEN TO BE TRANSLATED (SECTION 364)

15. COURT OF SESSION TO SEND COPY OF FINDING AND SENTENCE TO

 Bare Act, The code of criminal procedure, 1973

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