JUDGEMENT

INTRODUCTION

Judgment is a court decision ultimately decide this case by a delayed declaration process that will stand up to leave nothing to be considered or re-considered in the future. This is the final decision which determines whether the defendant is innocent or guilty. It is an expression of the opinion of the Judge or Judges arrive after consideration of the evidence and arguments. Characteristics of good judgment is that it must be clear and self-explanatory. Judgment is discussed in Chapter 27, Code of Criminal Procedure, 1973 from sections 353-365.

section 353

1. In each trial at the ICC before officers lead immediately after the termination of                 the process, a notice will be sent to the parties or their pleaders with:
A. giving the entire judgment
b. read the whole judgment
c. read only part of the operation of judgment and explain the substance of it.

  1. The judgment delivered under clause (a) of subsection (1): Leading Officers must sign each page of the transcript revealed in shorthand and write the date of delivery of judgment in open court.
  2. Judgment or part of the operation of clause (b) or clause (c) of sub-section (1): Lead Officer shall sign and write the date in the open court and if it is not written in his own hand the judgment of each page must be signed by him.
    4. Judgment pronounced under clause (c) of sub-section (1): the entire judgment or a copy of it should be available to the parties or counsel with free charge.
  3. The judgment can be pronounced for the accused if he is in custody
  4. If the defendant is not under arrest, then the Court will require its presence to the reading of the verdict. Except in cases where personal presence is eliminated and the sentence for only one penalty or if he was released.
  5. Provided that if there is more than one defendant and one or more of them are       not present on the date of the decision Leading officials should avoid undue delay and to continue the disposal of the case in their absence.
  6. No judgment can be made invalid delivered to merely the absence of a party or counsel on the date notified for delivery or for any omissions or defects in serving notice of the day and the venue.
    8. Nothing in part will limit the level of the provisions contained in Section 465.

section 354

  1. Each evaluation referred to in Article 353 shall:
  • Written in court
  • Contains points for determination and its decision with reasons.
  • Determine violations and part of the Indian Penal Code or any other law where the defendant was sentenced.
  1. State offense where the accused has waived if the judgment is liberation.
  2. When a conviction under the Indian Penal Code and it is doubtful whether in which part or parts where no violation of section falls then the Court will express the same thing and provide an assessment of the alternatives.
  3. When the offense punishable with life imprisonment or imprisonment for terms of years and then the judgment must contain specific reasons for giving the sentence.
  4. When the offense punishable with imprisonment for one year but the Court imposes a penalty for a period of less than three months then it must record the reasons for giving the sentence.
  5. Anyone sentenced to death then the sentence should load up and drive him to be hanged until he is dead.
  6. point determination and the reasons should be mandatory present decision in the order under section 117 or sub-section (2) of Article 138 or the final order made under Section 145, Article 125, or Article 147.

section 355

Judge metropolitan judgment can be recorded with the following caption:

  1. The serial number of cases
  2. Date of criminal offenses
  3. names of complainants
  4. The name of the man accused by parents and place of residence
  5. Offense complain or evident from
  6. Her plea of ​​accused and examination
  7. Last orders
  8. Order date

All cases in which an appeal lies from the final order and a brief statement to the decisions.

section 356

To notify the offender previously convicted address:

  1. Any person convicted of an offense under section 215, section 489A section 489B, section 489C or section 489D of the Indian Penal Code or under Chapter XII or Chapter XVII of the code with imprisonment for a term of 3 years or more. Then again if he is convicted under one section or chapter by imprisonment of three years or more in a court other than the Judges of class 2. If the court thinks shift at the time of the sentence also ordered his residence and change or absence of a place to stay after Released notified within a period not exceeding five years from the end of the sentence.
  2. Sub-Section (1) applies even to a criminal conspiracy and abetment or try the offense.
  3. It will be cancelled if the conviction was set aside based on the appeal.
  4. Order under this section can also be made by the Court of Appeal or the High Court sessions court when they exercise power of revision.
  5. Regarding the notice of stay or a change or absence of a place to stay by inmates released, the State Government may make rules to implement the provisions.
  6. Each person was charged for violation of the rules can be tried by a competent judge.
READ  INDEPENDENCE OF JUDICIARY

section 357

For compensation

1.When the court imposes a fine or penalty, may pass orders for all or part of the penalty recovered for application in:

  • defray the costs incurred in the prosecution
  • payments to any person for compensation for loss or injury caused by the offense, according to the court’s opinion that restored
  • where every person convicted of any offense where it caused the death of a person or abetting criminal acts such as compensation to be paid to people under the Fatal Accidents Act and they are entitled to recover damages from people convicted for any resulting losses to them of the death.
  • where every person convicted of offenses including theft, criminal abuse, cheating or criminal breach of trust or dishonest received or retained or sold stolen property knowing or having reason to believe the same has been stolen in a bona fide purchaser compensate for any such property for a loss of the property restored to give ownership of which he is entitled.

2.where the case is subject to appeal and the fine imposed in the case of s as no payment has elapsed before allowing the appeal or if the appeal presented before the decision.

3.If either does not become part of the sentence imposed by the court then the accused must pay by way of compensation from the amount set in order for people who have suffered losses due to the actions of the defendant.

4.Supreme Court or the High Court or Court of Session may make an order under this section when it exercises its power of revision.

5.The Court may consider the amounts paid or recovered as compensation under this section when the compensation award in a subsequent civil suit related to the same matter.

Section 357 A

victim compensation scheme

 

  1. Each State Government in coordination with the Central Government should set up a scheme to provide funds for the victims or dependents for loss or injury they suffered in the proceeds of crime and they are also in need of rehabilitation.
  2. When the recommendations made by the court to compensate the quantum of compensation should be decided by the District or State Legal Service Authority.
  3. When the trail court is not satisfied with the compensation provided under Section 357 or if the case ends in acquittal and victims in need of rehabilitation then it may make recommendations for compensation for the same.
  4. When the perpetrators were not identified and no trace take place, but the victim later identified the victim, or his dependents can make an application to the District Legal Services Authority or the State for compensation.
  5. On receipt of the application or recommendation, State or Regional Legal Services Authority after an inquiry from 2 months to award adequate compensation.
  6. District or State Legal Services Authority will alleviate the suffering of the victims and may be ordered to provide them with first aid facilities or health care benefits at a cost free at the police certificate is not below the rank of officer in charge or a judge of that area, or they can provide any help any interim authority as it deems fit.

It was inserted by Act 5, Code of Criminal Procedure, 2008.

Section 357 B

Additional compensation

There will be additional to be paid to the victim under Section 326A, 376AB, section 376D, 376DA, 376DB good of the Indian Penal Code. It is inserted by Act 13 of 2013 on the Criminal Law Amendment Act.

READ  METHODS OF INTERNATIONAL PAYMENTS

Section 357 C

Treatment of victims

First-aid or medical care free of charge, to victims of any offense covered by section 326A, 376, 376A, 376B, 376C, 376D, 376DA, 376DB or section 376E of the Indian Penal Code should be provided by all hospitals (public or private) from the central government or state.

Section 358:

Compensation paid to people without basic arrested

  1. When a person causes the catch others by police officers and if it appears to the judge that there was no sufficient reason to arrest then he may award compensation not exceeding one hundred rupees to be paid by the person who caused the arrest to another person due to loss of time and cost.
  2. If more than one person arrested in such cases the judge can award compensation each not exceeding one hundred rupees.
  3. All compensation under this section may be recovered as well and if not cured then the judge may direct simple imprisonment of a term not to exceed 30 days unless the amount paid faster.

section 359

To pay in cases of non-cognizable

  1. When a complaint was made by a person for non-cognizable offense and if the court convicted the defendant in addition to the punishment meted out to him, they also ordered him to compensate the complainant for the costs incurred when filling a complaint. If the defendant does not pay, he may get a simple imprisonment for a period not exceeding 30 days. Costs include the cost of the process, witness fees and the cost of these defenders.
  2. The Supreme Court or the High Court or Court of Session may make an order under this section when they exercise their power of revision.

section 360

To release on probation (good behaviour or after advice)

1.When a person is not under age 21 convicted of an offense punishment with imprisonment for a term of seven years or less or the fine or any person under 21 years of age or women who are convicted of any offense not punishable with death or imprisonment life and if there is no previous conviction on the perpetrators then offenders can be released on probation by examining the following facts:

  • the age of the perpetrator
  • character actors
  • antecedent’s offender
  • Circumstances where the offense has been committed.

The court instead of punishing him, they could direct him to be released on entry into a bond with or without sureties and they may redirect him to keep the peace and be of good behavior.

Provided that if any first offender sentenced by the judge of the second class was not empowered by the High Court judge will record and submit its opinion to continue the process for a class of defendants or take the collateral and dispose of things in the manner provided by subsection (2).

2.As set forth in subclause (1), when the process is handed over to the class Judge then he will drop the sentence or make such orders if the case was initially heard by him. If he thinks there should be further investigation or additional evidence at any point, he may make an inquiry as he or questions as directly or evidence to be taken.

3.When a person is convicted of theft or misuse of honest or fraud or other offenses under the Indian Penal Code which is punishable by a term of not more than 2 years in prison or punished only with good and no previous convictions against him, not a punishment he may then release himself after advice because on the basis of:

  • the age of the perpetrator
  • Character
  • Antecedents or physical and mental conditions
  • Trivial nature of the violation
  • circumstances violation

4.Supreme Court or the High Court or Court of Session may order under this section while exercising his powers revision.

5.High Court or Court of the session when an order is made under this section, they can appeal if there is a right of appeal to the Court or when they exercise the power of revision, can set aside the order and pass sentence thereof.

Provided that this Court will not pose a greater punishment of offenders convicted under this subsection.

6.The provisions of section 121, 124 and 373 can be applied in every case surety offered pursuant to this section.

7.The Court before directing the release of an offender, must be satisfied that the offender or his bail has a fixed or regular job to pay attention to his condition.

READ  WTO- Agreement on Agriculture

8.If the court thinks that the actors do not meet the conditions for recognition so they can issue a warrant for his fear.

9.offenders when arrested on the warrant, he will be brought before the court and the court may either remand him or admit him to the rescue with a guarantee and can be sentenced.

10.Nothing in this section shall affect the Trial of Offenders Act, the Child Act, or any other law in force at that time for treatment and rehabilitation of young offenders.

section 361

special reasons noted in certain cases

Where the court case could be dealt with:

  1. The accused under Section 360 / provisions Trial of Offenders Act, 1958, or
  2. Under the Children Act, 1960 or any other law in force at that time for the youth offender treatment or rehabilitation of offenders and it will record a special reason for not doing so in the judgment.

section 362

The court is not to change the Judgment

Save as otherwise provided under this code or other law for the time being in force, the court is not going to change or review the decision when it signed a final judgment or order was made to dispose of the case except to improve the administration or miscalculation.

Section 363

A copy of the decision which will be given to the defendant and others

  1. When the defendant was sentenced to imprisonment and then immediately after the pronouncement copy of the judgment must be provided at free of cost.
  2. When the application by the defendant, an official copy of the decision in his own language or in the language of the court must be given without delay to free of charge.

Granted if it is a death sentence then the official copy must be given and there after he applies for it.

  1. The provision of sub-clause (2) applies to orders under Section 117.
  2. When the defendant was sentenced to death and if there is an appeal which is located on the judgment or order as the Court will tell in which period, he has the right to appeal.
  3. Save as others in clause (2) every person affected by the order or judgment passed by the court may make an application with the prescribed fee and provided a copy of the decision.

Provided that the Court shall think fit for a specific reason and provide a copy to him free of charge

  1. The High Court will provide a copy of the judgment or order of the Court to any person who is not affected by the decision by the prescribed fee and subject to certain conditions such as the rules provide.

section 364

When the judgment rendered

recorded in a different native language from the language of the Court and if the accused need later translation into the Court must be added to the record of the process.

section 365

Session court must send a copy of the findings and sentence to the District Judge in whose jurisdiction the trial held locally.

Conclusion

After hearing both sides or side judge decide and give judgment in this case. Judgment in any criminal court proceedings in the jurisdiction of its own will be spoken by the lead in open court proceedings or termination daisies by the time in which the notice has been given to the party or pleaders. Provisions in the Criminal Court’s judgment elaborates on the topic. The focus is on people who must give judgment and the language and content of the judgment. It also determines the compensation scheme for victims. The changes can be made in the assessment and the conditions for it are also mentioned. The copy of the judgment to be given to the parties immediately after the hearing or after notice and can be translated to the language of the court as well. Another important thing is to show that the death penalty punishment sentence should be submitted for confirmation, this is done to avoid errors in the trial.

 

 

Author: VAMSI KRISHNA GANGINENI,
IFIM LAW SCHOOL 1ST YEAR

Leave a Comment