JUDGEMENT

In Surendra Singh vs. the State of U.P., A.I.R. 1954 SCR 330, The Supreme Court defined
the term Judgement as the final verdict or final decision given by the Court to the parties and
delivered in the open court by pronouncing it.

Section 353
It is a written legal document which helps to resolve the dispute in a suit and finalizing the
rights and liabilities of the individual. Judgment is a final order, verdict or decision given by
the judge or magistrate on the ground of decree. A decree is an integral part of the judgment
which is given by the judge. It should be precise and clear containing names of the parties,
amount of money, deadline etc. Judgment is given in every trial in Criminal Court falling
under its jurisdiction. It should be pronounced in the open court by the Presiding authority
just after the termination of the trial procedure and notice should be served to each party and
to its assigned leaders.
In Yelchuri Manohar vs. State of Andhra Pradesh, 2005 (2) ALD Cry 751, it was held that
electronic media cannot give any leading element or part of judgement.

Section 354
Language and Content of Judgement– Every judgment is recorded and written in the local
language of the Court prescribed by the State Government. Point of determination should also
be considered while making the final verdict. It should clearly include the important
evidence, details relating to the offence committed by the accused person, laws under which
the act falls, etc. which helps to conclude the trial and judgment. If there are any uncertainties
between the two parts of the same section for the offence, then the court should be specific
according to them and shall pass the judgment. If the punishment is death penalty or life
imprisonment, the court is duty bound to furnish the reason for it.
In Ram Bali vs. the State of U.P., (2004) 6 SCC 533, it was observed that language and
content must also be self-contained and it must reflect that the court has applied evidence and
facts while forming the judgment.
In Niranjan vs. State, 1978 CriLJ 636, it was observed that if the judgment is not signed
during the pronouncement process, the delivered judgment will be considered irrelevant and
void in nature.

Section 355
Judgement of Metropolitan Magistrate– Instead of recording the final judgement, the
metropolitan magistrate must record the name of the complainant, the serial number of the
case, date of commission of committing the offence, name and address of the accused person,
information regarding examination process, if any plea is requested by the accused and the
date of the final decision or judgment.
Components of Sec 354 and 355: It shall contain:
· Points to be determined in that case, Findings on both the points, or decision on both points
as per evidence on record, and Reasons given by the court for these findings or decisions. If
the appellate court agree with findings of the lower court reasons need not be repeated State
of Karnataka v Hema Reddy

Section 356
Order for notifying the address of previously convicted offender– If an order given by the
judicial officer is appealed and there it is set aside then it will be declared as Void and will
not be applicable on a future judgment.

Section 357
Order to Pay Compensation– When a court imposes a sentence or a fine, then while passing
the judgment, the court can order to recover the whole or partial amount by calculating the
whole expenses incurred in the prosecution process.
When a person faces losses or injuries because of the offence committed, then under the civil
court he can recover the Compensation amount.
When a person is convicted for causing death or abetting another person to commit the same
act, he will be liable to pay compensation under “Fatal Accident Act, 1855” to the family of
the person who died.
When any person is convicted for causing theft, misappropriation, cheating or breach of trust
or stealing property, he will be liable to pay the compensation amount to the bonafide
purchaser of that property and the property possession is restored to the entitled person.
If a fine is imposed in a case which is subject to appeal then the payment should not be done
until the period of appealing is over. If appealed, then the person must wait until the appeal
decision is made.
If there is no fine being imposed in the sentence, the court can separately order the defendant
to compensate for the losses or injuries incurred.
The power to opt for revision under this section is with the Appellate and The High Court.
While awarding the compensation, it should be seen that in any subsequent civil suit of the
same matter the amount is paid or recovered as compensation.

Section 357
Victim Compensation Act– In every State, coordination and consultation with the Central
government scheme should be made to provide funding to the suffered person and their
families. Facilities of rehabilitation must also be provided.
Whenever an order is made by the court, the quantum of amount for compensation will be
decided by the District and State Legal Service Authority.
During the end of the trial, if the court thinks that the amount is not enough for rehabilitation
facilities, the court can make recommendations for compensation. When the victim is
identified but the accused person is not still found and no trial is taken place, the victim or his
family members can write an application to the District and State legal Authority for granting
the compensation amount. After completing the inquiry process within 2 months, the amount
of compensation can be granted. Immediate free of cost first aid and medical facilities should
be provided to the victim by the District or State Legal Authority by the order of a police
officer not below the rank of an officer in charge.

Section 357 B
Compensation payable by the State Government– Section 357A shall be in addition to the
payment of fine to the victim under Section 326A, 376AB, Section 376D, 376DA, 376DB of
the Indian Penal Code.

Section 357 C
Treatment of Victim– All hospitals whether private or public, should provide medical and
first aid facilities to the victim who falls under Section 326A, 376, 376A, 376B, 376C, 376D,
376DA, 376DB and 376DE of the IPC and should inform the police about the incident as
soon as possible.

Section 358
Compensation to the person for groundless arrested– If any person who is arrested without
any reasonable grounds and the magistrate gives a decision that there is not sufficient ground
for arrest then he will receive compensation amount from the person who causes the arrest for
loss of time and money. Compensation amount should not exceed Rs. 1000/- and if the
number of arrested persons is more than one, the magistrate will award each of them
personally the compensation amount but it should not exceed Rs. 1000/-
All such amount can be recovered under fine and if a person fails to pay the specified amount
then he will be sent to imprisonment for not more than 30 days period.

Section 359
Order to pay Compensation in Non cognizable offence– Whenever any non-cognizable
offence has been committed, the court can order the accused person to pay the amount of fine
imposed on him for committing the offence and addition to it the amount incurred in
prosecution process to the aggrieved person like the travelling expenses, court fees and fees
of witness and leaders etc. He will suffer imprisonment for not more than 30 days for not
paying the amount.
Power of revision is with the Appellate Court, High Court or Court of Session.

Section 360
Order to release the Accused person on Probation or Admonition– Probation is the release of
an offender from detention, due to good behaviour under the supervision of the officer.
Admonition is giving a warning to the person who has committed the act for the very first
and in the heat of a moment.
Any person who is below the age of 21 years is convicted for the offence and punishable with
fine or imprisonment for a term of 7 years or less, any woman convicted for the offence
resulting in imprisonment for life or death penalty and no previous conviction is shown
against him or her, and if it appears to the court he is convicted for the offence than by seeing
all the character, circumstance in which the offence was committed he will be released on
Probation of good conduct, and court will direct him to enter into bond with or without the
surety to appear before the court and receive the punishment whenever he is called.

If a first time offender is convicted by a Second class magistrate, and it is beyond his/her
power to deal with the case, then he/she will give his/her opinion regarding that particular
case and pass on the case along with opinion to a First class magistrate who will deal with the
case.
If the Second class magistrate thinks that a particular punishment should be passed under this
Act if he would have deal with the case then such suggestion can be made and along with the
evidence and if he think at any stage that such inquiry needs to be done and evidence should
be taken when he proceeds with the inquiry process.
If any person has committed the offence of theft, misappropriation or dishonesty, he will be
liable to pay fine or be imprisoned for not more than 2 years. No other previous conviction is
proved and another necessary element will be seen and he will be released on Admonition.
Power to revision is with Appellate or High Court. Further appeal can be made under the
High Court or Court of Session and revision and power to set aside the order.
Before releasing any offender the court needs to satisfy that the offender or his surety has a
fixed place for habitation or working in a place for which the court ask or whether the
offender is likely to live during that period for the compliance with the conditions. When the
court is satisfied that offender has failed to abide by the conditions of his recognizance in the
case when the court has convicted the offender or deals with the offender in regard office
original offence; it may issue a warrant for this apprehension. An offender against whom the
warrant of apprehension has been issued shall be brought before the court which had issued a
warrant; the court may either remand him in custody until the case is heard or admit him to
bail with sufficient surety on a condition of his appearance for sentence and such court may
pass a sentence after hearing a case.
The provision of this Section does not affect the provision of:
Probation of Offenders Act
Juvenile Justice Act
Any other law which is for the treatment, rehabilitation or training for an offender

Section 361
Special reasons need to be recorded in special cases– When the Court has dealt with a special
case like an accused person under Section 360 or under the Probation of offender act, 1958 or
a young offender under Children Act, 1960 for the purpose of treatment, rehabilitation or
training facility to enhance the behaviour of offender, it shall also be recorded with the
judgment in the Special reasons.

Section 362
The Court cannot alter its judgment– Once the judgment is pronounced it cannot be changed
or altered. Under clerical or arithmetical error, the alteration can be done.

Section 363
Copy of judgment needs to be given to every party– A copy of the judgment shall be given
free of cost immediately after the pronouncement of judgment. On the application of the
accused person, a certified copy of the judgment will be given to him in whichever language
he requested to without any delay.

Section 364
When Judgement is to be translated– The original judgment shall be filed with the records
and if the original judgment is different from what the court or the accused is requires, then it
needs to be translated and shall be added to the record.

Section 365
Court of Session needs to send the copy of findings and sentence to District Magistrate– In a
case where the case is tried by the Court of Session or Chief Judicial Magistrate, copies of
findings or sentence shall be forwarded to the District Magistrate who has a deal with the trial
at a local jurisdiction.