Section 363 CrPC: Copy of Judgment to Accused and Others
1. State the code
Section 363 of the Code of Criminal Procedure, 1973 (CrPC) deals with the provision of a copy of the judgment to the accused and other concerned parties.
2. Explain it
This section mandates that once a judgment is delivered in a criminal case, the court must provide a copy of the judgment to:
- The accused person
- The prosecution
- Any other person who has been made a party to the proceedings
The court must ensure that the copy of the judgment is provided within a reasonable time after the delivery of the judgment. The section emphasizes the importance of transparency and fairness in the criminal justice system by providing all stakeholders with access to the final outcome of the case.
3. Illustrate it
Imagine a case where ‘X’ is accused of theft. After the trial, the court delivers a judgment finding ‘X’ guilty and sentencing him to imprisonment. In this case, under Section 363 CrPC, the court would be obligated to provide a copy of the judgment to:
- X, the accused
- The prosecution, who represented the state in the case
4. Common Questions and Answers
Q: What if the accused is unable to afford the cost of the copy?
A: Section 363 allows the court to provide a copy of the judgment free of cost if the accused is unable to afford it.
Q: Can the accused be denied a copy of the judgment?
A: Generally, no. The accused has a right to a copy of the judgment. However, in exceptional circumstances, if the court deems it necessary for reasons of security or public order, it can withhold the copy for a limited period.
Q: How can a person appeal a judgment if they don’t have a copy?
A: Access to a copy of the judgment is crucial for filing an appeal. The court should provide a copy to the accused to enable them to exercise their right to appeal.
