Judgment & Its Provisions
Definition of Judgment: Judgment is the important term in the code of criminal procedure. By
declaration of the judgment, the position of the parties is determined. The delivery of judgment
and the passing of sentence is an integral part of the criminal trial and must be done by the judge
himself/herself.
Judgment is the formal expression made by a court following the legal proceedings. It also means
the expression of the opinion of the judge or magistrate arrived at after due consideration of the
evidence and of the arguments [Mozahar Sikder Vs state 35 DLR 1983].
According to Calcata HC, Judgment means expression or decision of the judges arriving at on the
basis of evidence, examination and cross examination.
In Surendra Singla Vs State of Uttar Pradesh AIR (1954), it is stated that Judgment is a judicial
act which must be performed in a judicial way.
Judgment means only a judgment of conviction or acquittal but not an order of discharge under
sec-241 (A) [ Mozahr Sikder Vs state 35 DLR 1983].
Once a criminal case has been decided on merit, the count has no further power to review its
own judgment except to clerical error [Moniruzzaman Vs state 18 BLD. 1998]
Contents of Judgment (Sec-367, 368 of Cr. P.C)
1. Concise Statements of the case;
2. Points for determination;
3. The decision therein;
4. The reasons for such decision;
Concise Statements of Case: Every judgment must explain the facts of the case. Such explanation
must be in brief so that the sum and summary of the prosecution case can be easily realized and
understood. In such statement, there is short explanation of the facts enunciated in complaint
petition or ejahar.
Points/Issues for determination: Every judgment must contain points for determination. The
points for determination should be set out separately. A judgment which does not set forth the
points for determination is defective. [Sec-367 of Cr. P.C]. The numbers of point for
determination depend on the fact of the case.
The decision therein: A judgment must have a decision which will determine the result and fate
of the case. A judgment is not a verdict without a decision. Therefore, a judgment must contain
decision and the decision must be specific. When a criminal court passes its judgment, it must
have the following particulars. Every judgment must be dated and signed by the presiding officer
in open Court at the time of pronouncing it. Where the presiding officer does not write it with
his/her own he or she must sign every page of such judgment.
The reasons for such decision: The judge must show the reasons in favor of its decision based
upon which the court has reached such a decision. It is said by Lord Lewart “Justice should not
only to be done but manifestly and undoubtedly be seen to be done”. Every Judgment must
contain the decisions on the points for determination (Sec-367 of Cr. P.C). If the accused is
convicted of an offence punishable with death or, in the alternative, with imprisonment for life
or for a term which may extend ten years, the Court must in its judgment state the reasons for
the sentence awarded (Sec-367(5) of Cr. P. C).
Mode of delivering Judgment
Section 366 of Cr.P.C describes the mode of delivering of judgment: 1. The judgment in every
trial in any Criminal Court of original jurisdiction shall be pronounced, or the substance of such
judgment shall be explained-
(a) 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, and
(b) in the language of the Court, or in some other language which the accused or his pleader
understands:
Provided that the whole judgment shall be read out by the presiding Judge, if he is requested so
to do either by the prosecution or the defence.
(2) The accused shall, if in custody, be brought up, or, if not in custody, be required by the Court
to attend, to hear judgment delivered, except where his personal attendance during the trial has
been dispensed with and the sentence is one of fine only or he is acquitted, in either of which
cases it may be delivered in the presence of his pleader.
(3) No judgment delivered by any Criminal Court shall be deemed to be invalid by reason only of
the absence of any party or his pleader on the day or from the place notified for the delivery
thereof, or of any omission to serve, or defect in serving, on the parties of their pleaders, or any
of them, the notice of such day and place.
Diagram of Trial & Appeal Court
Definition of Appeal: The word “appeal” has not been defined in The Code of Criminal Procedure,
1898, however, it can be described as the judicial examination of a decision, given by a lower
court, by a higher court. Appeal is basically a case filed to a higher court against the judgement
of the lower court to make the correction or reverse the decision of the inferior court.
Definition of Appeal has been explained by variety of ways mentioned below;
The Merriam-Webster dictionary defines appeal as “a legal proceeding by which a case is
brought before a higher court for review of the decision of a lower court”.
As per Black law dictionary, an appeal is a complaint to a superior court of an injustice done or
error committed by an inferior one, whose judgment or decision the court above is called upon
to correct or reverse.
An appeal is an application to the upper court when any party is aggrieved by any judgment or
order by a lower court. In criminal matters appeal is also known as Petitioner of Appeal [u/s 419
of the code]. An appeal is acceptable on the matter of “question of fact” and “question of law”.
Bar of Appeal:
1. Upon Confession: [Sec-412];
2. Pretty case: Conviction by SJ court for one month & SJ court + CJM + MM + 1st JM fine
only 50 tk, cannot file appeal. [Sec-413];
3. Summary Conviction: Under S-260, fine not exceeding 200 Tk, No appeal here [Sec-414].
If an accused cannot file appeal within fixed period his/her only remedy to file petition
for quashment under S-561A, Cr. P. C.
Se-561A provides inherent power of HCD. SJ + JM court have no inherent power.
Ayar vs. State, 56 DLR 494[412]: Right of appeal of a convicted accused is taken away if court
accepted plea of guilty & convicted him on such plea.
In 1985 P Cr LJ 2586=NLR 1985 Cr 283[412]: - Trial court has discretion to proceed or not to
proceed with a trial even if an accused pleads guilty to charge framed against him.
Disposal of Appeals & Revision
Appeal from date of serving notice to Respondent 90 working days 442A of Cr. P.C
Revision Appeal from date of serving notice to Parties 90 working days 442A of Cr. P.C
Nature of Judgment & Appellant & Appellate Court
Decision Orinal/appeal court Appellant Appellate court Limitation Section
Conviction JM(2nd + 3rd) Accused CJM 407
Conviction MM + 1st JM Accused Session Judge 408
Conviction J Session(5-Year) Accused Session Judge 408
Conviction J Session(above-5 Y Accused HCD 408
Conviction MM + JM(124A) PC Accused HCD 408
Conviction Session +Add Session Accused HCD 410
Acquittal Any Session court PP HCD 417(a)
Acquittal Any Magistrate PP Session court 417(b)
Acquittal Any Session court Complainant HCD 60 days 417{2(a)}(3)
Acquittal Any Magistrate Complainant Session court 60 days 417{2(b)} (3)
Inadequacy Any Session court PP HCD 60 days 417A
Inadequacy 1stJM/MM Complainant SJ/MSJ 60 days 417A
Inadequacy JM(2nd + 3rd) Complainant CJM 60 days 417A
Order CMM/CJM/DM Aggrieved Session court 406A
Order MM Aggrieved CMM 406A
Order EM/JM Aggrieved DM/CJM 406A
Death Penalty Session J Accused HCD 7 days Art-150
Except HCD & AD 30 days Art-154
Except HCD 60 days Art-155
Acquittal 6 Months Art-157
Application of Limitation Act, 1908
Article Description of case Limitation Begin to run
150 Death sentence by Session & HCD 7 days The date of sentence
154 Appeal to any court except HCD & AD 30 days Date of sentence/order
155 Appeal to any court except HCD 60 days Date of sentence/order
157 Appeal from an order of acquittal 6 Month Date of order
Revision & Its Provisions
Revision: Revision is the re-examination of legal actions. Revision means re-examination of cases
which involve the illegal assumption, non-exercise or irregular exercise of Jurisdiction. In this
case, therefore, a higher court reexamines the decisions made by a lower court to know whether
all the legal actions were exercised lawfully. Revisional jurisdiction does not confer any
substantive right, and the right of revision is merely a privilege granted to an aggrieved. The main
primary purpose of revision is to make sure that justice has been administered properly and also
to correct any errors that could have led to improper justice.
In cases where no right of appeal is available the code has devised another review
procedure, namely REVISION. The powers of revision conferred upon the higher courts are very
wide and are purely discretionary in nature. Therefore, no party has right to heard before any
court exercising such powers.
The power however is to be exercised only in exceptional cases where there has been a
miscarriage of justice owing to:
1. A defect in the procedure or a manifest error on the point of law;
2. Excess of jurisdiction;
3. Abuse of power.
Power to call for records of inferior Courts [Sec-435 of Cr. P. C]
The HCD or Sessions Judge may direct CMM or CJM by himself or by their subordinate for further
inquiry into any complaint that dismissed under Sec- 203 or 204(3) or into the case of any person
accused of an offence who has been discharged [Sec-436 of Cr. P. C]
High Court Division's powers of revision: In the case of any proceeding the record of any
proceeding called for by itself or which has been reported for orders, or otherwise comes to its
knowledge, HCD may, in its discretion, exercise the powers conferred on a Court of Appeal by
sec-423/426/427&428 or on a Court by section 338, and may enhance the sentence; and, when
Judges of Revision are equally divided in opinion, it is disposed of in manner provided by sec-
429[Sec-436 of Cr. P. C]
R-103 of CRRO: The procedure detailed in this rule regarding release of a prisoner on bail pending
hearing of an appeal shall also apply mutatis mutandis in the case of release of a prisoner on bail
by a Revisional Court.
Difference between Appeal & Revision
Appeal and revision are legal terms used in court. Though they seem similar they have certain
differences; they represent two different types of applications as enumerated below;
1. In case of Definition: The difference between an appeal and revision is that an appeal is
a complaint of a case that is given attention to again due to the displeasure of a certain
party, whereas revision is performed by a High Court to guarantee that legal actions were
obeyed in concluding.
2. In case of Right: The appeal is a statutory right for an unsuccessful party in the court.
Revision on the other hand is discretion of the [Link] the appeal, revision is not a
statutory right,it can take place or not.
3. In case of Court: In most cases, the appeal case is heard on a higher court from the
previous one to seek for reversal of a decision made by a lower court while revision
application is heard by only Sessions and High Courts.
4. In case of Filing: There must be an aggrieved party in case of appeal, in simple term,
applicant or appellant must file appeal against judgement of the lower court whereas
revision may be Suo-moto in addition to an aggrieved party.
5. Subject Matter of examination: Both the matter of fact and matter of law are the subject
matter of appeal, revision on the other hand only deals with the matter of law.
6. Continuity: An appeal is a continuation of the court proceeding on a certain case while a
revision is checking whether the legal actions were followed in the proceedings.
7. Power of interference: In appeals, the courts have the vast power to interfere in any
way but in revision the influence of intervention is limited.
8. Hearing in the court: The appeal is a court hearing like any other while revision is not
necessarily heard in the court.
9. Time limit: In an appeal a party is given a certain time limit to have filed an appeal which
begins immediately a final decision is made by a lower court. In revision there is no time
limit, a party can file for it any time though the time must be reasonable.
