Code
(1) Except as otherwise expressly provided by this Code, every judgment referred to in section 353,—
(a) shall be written in the language of the Court;
(b) shall contain the point or points for determination, the decision thereon and the reasons for the decision;
(c) shall specify the offence (if any) of which, and the section of the Indian Penal Code (45 of 1860) or other law under which, the accused is convicted, and the punishment to which he is sentenced;
(d) if it be a judgment of acquittal, shall state the offence of which the accused is acquitted and direct that he be set at liberty.
(2) When the conviction is under the Indian Penal Code (45 of 1860) and it is doubtful under which of two sections, or under which of two parts of the same section, of that Code the offence falls, the Court shall distinctly express the same, and pass judgment in the alternative.
(3) When the conviction is for an offence punishable with death or, in the alternative, with imprisonment for life or imprisonment for a term of years, the judgment shall state the reasons for the sentence awarded, and, in the case of sentence of death, the special reasons for such sentence.
(4) When the conviction is for an offence punishable with imprisonment for a term of one year or more, but the Court imposes a sentence of imprisonment for a term of less than three months, it shall record its reasons for awarding such sentence, unless the sentence is one of imprisonment till the rising of the Court or unless the case was tried summarily under the provisions of this Code.
(5) When any person is sentenced to death, the sentence shall direct that he be hanged by the neck till he is dead.
(6) Every order under section 117 or sub-section (2) of section 138 and every final order made under section 125, section 145 or section 147 shall contain the point or points for determination, the decision thereon and the reasons for the decision.
Explain it
This section mandates that all judgments delivered by criminal courts in India must be:
- Written in clear and concise language, easily understandable by the accused and the public.
- Delivered in the language of the court, which is typically the local language of the region.
- Contain a brief statement of the reasons for the decision, outlining the facts found proved, the law applied, and the reasoning behind the judgment.
- Clearly state the conviction or acquittal of the accused, along with any punishment imposed or other orders passed.
Illustrate it
Imagine a case where a person is charged with theft. The court, after hearing evidence and arguments, finds the accused guilty. The judgment, as per Section 354, would be written in the local language, clearly stating the facts, the law applied (e.g., the Indian Penal Code), the reasoning for the conviction, and the punishment imposed (e.g., imprisonment for a specific duration).
Common Questions and Answers
Q: Can a judgment be delivered orally?
A: No, Section 354 mandates that all judgments must be in writing.
Q: What if the accused doesn’t understand the language of the judgment?
A: The court should ensure the judgment is translated into a language understood by the accused or provide an interpreter.
Q: Can a judgment be written in English?
A: While English is often used in legal proceedings, the final judgment must be translated into the language of the court as per Section 354.
