Judgement And Form

Judgment is the assessment of proof to settle on a choice. Legitimate – utilized as a part of the setting of lawful trial, to allude to a last discovering, articulation, or decision, in light of a considered weighing of proof, called, “arbitration”.

JUDGEMENT AND FORM AND CONTENTS OF JUDGEMENT—EXPLAIN ? (SECTION—353, 354 AND 355).

MEANING:  Judgement is the final reason to the decision of the court as to the guilt or innocence of the accused person.

SECTION 353 – JUDGEMENT—

1. Judgement has to be delivered in the Open Court;
2. It has to be delivered by the prescribing officer;
3. It is delivered after the termination of the trial;
4. Court is required to give notice to the parties or to the pleaders about the delivering of the Judgement;
5. Judgement may be delivered in any one of the modes—
a. By delivering the whole of the Judgement entempor;
b. By reading out the whole of the Judgement—when the text runs into several pages.
6. Judgement has to contain the date and the signature of the Magistrate;
7. Copy of the judgement should be given free of cost to the parties;
8. Accused person if in prison has to be brought to the court, when the personal attendance of the accused is dispensed with-by the court as per Section-205 such as accused need not come to the court to hear the judgement;
9. When there are several accused persons all or one of them may come to the court on the day of delivering judgement, it is considered enough;
10. When the party is absent to the court on the day of judgement need not be considered invalid;
11. Court should not alter the judgement except for rectifying the clerical mistakes if any.

SECTION—354—FORMS AND CONTENTS OF JUDGEMENT:-

1. Judgement should be in the language of the Court;
2. It must contain the points for determination;
3. It must specify the offence correctly;
4. It must state the brief facts of the case;
5. It must be containing careful analysis of the Evidence and the reason for the definition;
6. It should contain the section of Indian Penal Code,1860 or any other law relating to the offence;
7. If there is any doubt as to the offence committed by the accused that the fact has to be clearly stated in the Judgement and it has to be passed in the alternative;
8. If the Judgement is relating to the acquittal, it shall state the offence and pass an Order to set the accused at liberty;
9. If the accused is proved to be insane, judgement must contain a direction to the relatives to keep him in safe custody.

SECTION 355—WHEN THE JUDGEMENT IS DELIVERED BY A METROPOLITAN MAGISTRATE—

It should be in an Abridged form.

Criminal Procedure Code, 1973-Appeal

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