0

CRIMINAL PROCEDURE CODE

MODES OF PRONOUNCING
JUDGMENT (S.353)
Presented to Ms. Achhalpreet
 1

Submitted to- Submitted by -

DR.SANGITA BHALLA Prince Singh

DIRECTOR, UILS , P.U B.A L.L.B (Hons)

UILS , PU Section B

96/14( 5thsem )

PREFACE
I feel great pleasure in presenting the project under study.
I hope that the
readers will find the project interesting and that the
project in its present
from shall be well received by all. The project contains
the explanation
and analysis relating to Section 304-B, Indian Penal
Code, 1860 under the IPC.
Every effort is made to keep the project error free. I would
gratefully
acknowledge the suggestions to improve the project to
make it more
useful.
 2

ACKNOWLEDGMENT

We have been taught the subject of INDIAN PENAL CODE

by our Respected Lecturer, DR. Pushpender Kaur Mann
who helped us all through in the accomplishment of this
project. Our sincerely thanks to the Respected Lecturer,
who helped us to gather the various sources which we
could give final shape to the topic under study. She not
only provided us a platform to compile but also guided us
at all levels.
We, also thank the members of the library staff and
computer section for
the cooperation in making available the books and
accessing the internet
even during their free time.
We hope that the project in its present form shall be
received by all.
 3

Prince Sheokand
 4

Pronouncement of judgment under CRPC

Sections Included
Introduction to Judgemnt :...................................................................................... 2
Form of judgment ................................................................................................... 3
Meaning and object of judgment ..........................................................................7
Judgment under the code,
1973
8
.............................................................................................................................. 9
Analysis of various terms used in S. 304-
B ..11
Differnce between Stridhan and Dowry ................................................................15
Latest Case Laws .............................................................................................. 18
Devinder Singh and Ors vs State ofPunjab ........................................................19
Rajinder Singh vs State of Punjab ........................................................................20
Rajesh Bhatnagar vs State of Uttrakhand .........................................................21
Suggestions and Solutions ................................................................................ 22
CONCLUSION............................................................................................................ 23
Bibliohraphy
.24
 5

JUDGMENT
In Law, a judgment is a decision of a court regarding the rights and liabilities of
parties in a legal action or proceeding. Judgments also generally provide the
court's explanation of why it has chosen to make a particular Court Order.

The phrase "reasons for judgment" is often used interchangeably with "judgment,"
although the former refers to the court's justification of its judgment while the latter
refers to the final court order regarding the rights and liabilities of the parties. As
the main legal systems of the world recognize either a common law, statutory, or
constitutional duty to provide reasons for a judgment, drawing a distinction
between "judgment" and "reasons for judgment" may be unnecessary in most
circumstances.

FORM OF JUDGMENT
A judgment may be provided either in written or oral form depending on the
circumstances.1 Oral judgments are often provided at the conclusion of a hearing
and are frequently used by courts with heavier caseloads2 or where a judgment
must be rendered quickly. Written reasons for judgment are often provided in
circumstances where a complex decision must be made, where the matter is likely
to be appealed, or where the decision is considered to be of some significant
importance to members of the legal community and/or the public at large. Written
reasons for judgment are not generally provided immediately.

1 Roman N Komar, Reasons for Judgment: A Handbook for Judges and Other Judicial Officers 8 (Butterworth & Co. Ltd.
1980

2 Ibid
 6

TYPES OF JUDGMENT
Types of judgments can be distinguished on a number of grounds, including the
procedures the parties must follow to obtain the judgment, the issues the court will
consider before rendering the judgment, and the effect of the judgment. Judgments
that vary from a standard judgment on the merits of a case include the following:

Consent Judgment: also referred to as an "agreed judgment," a consent

judgment is a settlement agreed upon by the parties and authorized by a
judge.3 Consent judgments are often used in the regulatory context, particularly
in antitrust and environmental cases.4

Declaratory Judgment: a judgment that determines the rights and liabilities

of the parties without enforcing a judgment or otherwise requiring the parties to
do anything.5 A declaratory judgment may be useful where the parties have
differing views about their rights and duties or are wishing to clarify them
3 Blacks Law Dictionary 970 (10th ed. 2014).

4 Robert B. Bell, Regulation by Consent Decree, 27 Antitrust 73 at 73 (2011-2012).

 7

without seeking any other remedy. It has been suggested, at least in the United
States, that a declaratory judgment is a "milder" form of an injunction
order because it clarifies the parties' rights without actually directing the parties
to do anything. Though a declaratory judgment is not binding, it is expected
6

that the parties will act in accordance with what the court determines in its
judgment.

Default Judgment: a judgment rendered in favour of one party based on the

other party's failure to take action. Default judgments are commonly used
where the defendant fails to appear before the court or submit a defence after
being summoned. A default judgment grants the relief requested by the
appearing party and does not require extensive factual or legal analysis from the
court.

Interlocutory Judgment: an intermediate or interim judgment providing a

temporary decision on an issue that requires timely action. Interlocutory orders
are not final and may either not be subject to appeal or may follow a
different appeal procedure than other kinds of judgments.

Reserved Judgment: a judgment that is not given immediately after the

conclusion of the hearing or trial. A reserved judgment may be released days,
weeks, or even months after the hearing.7 In the United States, a reserved
judgment is sometimes annotated in law reports by the Latin phrase "Cur. adv.
vult." or "c.a.v." CURIA ADVISERA, "the court wishes to be advised").

Summary Judgment: an accelerated judgment that does not require

a trial and in which the court's interpretation of the pleadings forms the basis of
the judgment. For a summary judgment, the court will consider "the contents of
the pleadings, the motions, and additional evidence adduced by the parties to
determine whether there is a genuine issue of material fact rather than one of
law." 8
5 Blacks Law Dictionary 971 (10th ed. 2014).

6 Samuel L Bray, The Myth of the Mild Declaratory Judgment, 63 Duke L.J. 1091 at 1093 (2014).

7 The Courts of British Columbia: Supreme Court, About Judgments (Last accessed March 28,
2015), http://www.courts.gov.bc.ca/supreme_court/about_judgments.aspx

8 Blacks Law Dictionary 465 (10th ed. 2014).

 8

Vacated Judgment: a judgment of an appellate court whereby the judgment

under review is set aside and a new trial is ordered. A vacated judgment is
rendered where the original judgment failed to make an order in accordance
with the law and a new trial is ordered to ensure a just outcome. The process of
vacating a judgment is sometimes referred to as vacatur. The result of a vacated
judgment is a trial de novo.

When it comes to legal contexts, English reference

sources say varying things. Most seem to agree
that judgment is preferred in legal contexts even in
British English, and some say that American and British
English differ in their strict legal meanings of judgment.
Bryan Garner, in his Modern American Usage,
says judgment in American English refers to the final
decisive act of a court in defining the rights of the
parties, whereas, he writes, the word in British English
refers to a judicial opinion. We find nothing to contradict
this, though there are many English reference sources
that do not mention a legal/nonlegal distinction or an
American/British distinction.
 9

MEANING AND OBJECT OF

JUDGMENT
The main functions of a Criminal court are two fold :- to decide as to the t guilt or
innocence of the accused person tried before it; and 2) if such person is found
guilty of any offence, to determine as to appropriate punishment or other method of
dealing with him . In every trial , irrespective of its nature, the court will have to
give a judgment in the case at the conclusion . The judgment is the final decision
of the court , given with reasons, on the question of the guilt or innocence of the
accused . It also includes the court's decision as to the punishment the guilty
person has to suffer , or as to the conditions subject to which the offender released
without being punished as such9.

The present project proposes to deal elaborately with different aspects of judgment.
For the sake of clarity and better analysis of the subject-mattter, the project has
been divided into six parts. Part A deals with form and contents of judgment; Part
B considers the post-conviction orders; Part C discusses the decisions as to
punishment; Part D mentions the precautionary and preventive orders; Part E
considers the provisions relating to compensation and costs; and lastly, Part F deals
with the pronouncement of the judgment and other ancillary matters.

9 R.v Kelkar , Lectures on crpc , 20th edition , para -1, pg- 602
 10

JUDGMENT UNDER THE CODE ,

1973
Section 353 -
1. The judgment in every trial in any Criminal Court of original jurisdiction shall
be pronounced in open Court by the presiding officer immediately after the
termination of the trial or at some subsequent time of which notice shall be given
to the parties or their pleaders,
a. by delivering the whole of the judgment; or
b. by reading out the whole of the judgment: or
c. by reading out the operative part of the judgment and explaining the
substance of the judgment in a language which is understood by the accused or his
pleader.
2. Where the judgment is delivered under clause a) of Sub-Section (1), the
presiding officer shall cause it to be taken down in short-hand, sign the transcript
and every page thereof as soon as it is made ready, and write on it the date of the
delivery of the judgment in open Court.
3. Where the judgment or the operative part thereof is read out under clause b) or
clause c) of Sub-Section (1), as the case may be, it shall be dated and signed by the
presiding officer in open Court and if it is not written with his own hand, every
page of the judgment shall be signed by him.
4. Where the judgment is pronounced in the manner specified in clause c) of Sub-
Section (1), the whole judgment or a copy thereof shall be immediately made
available for the perusal of the parties or their pleaders free of cost.
5. If the accused is in custody, he shall be brought up to hear the judgment
pronounced.
6. If the accused is not in custody, he shall be required by the Court to attend to
hear the judgment pronounced, except where his personal attendance during the
trial has been dispensed with and the sentence is one of fine only or he is acquitted:

Provided that, where there are more accused than one, and one or more of them do
not attend the Court on the date on which the judgment is to be pronounced, the
 11

presiding officer may, in order to avoid undue delay in the disposal of the case,
pronounce the judgment notwithstanding their absence.
7. 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 or their pleaders, or any of them, the notice of such day and place.
8. Nothing in this section shall be construed to limit in any way the extent of the
provisions of section 465.

FORM AND CONTENTS OF

JUDGMENT
Language and contents of judgment :
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;
The word "shall in the above provision indicates that it is mandatory however, the
provision in Section 364 for translation of the judgment "where the original is
recorded in different language that of court "would suggest that the judgment need
not necessarily be written in the language of the court. Under the Criminal
Procedure code,1898 judgments were allowed to be written and were in fact
written in english, now under the above provision in the new Code, though it is
obligatory to write judgments in the court language, the old practice of writing
judgments in English almost continues to remain unaffected.

Every judgment shall contain the point or points for determination, the decision
thereon and the reasons for the decision. Section 354(I) (b)

Usually the judgment in a criminal case should commence with statement of facts
in respect of which the accused person is charged. The judgment should indicate a
careful analysis and appraisement of the evidence while reaching the conclusions
regarding the proof of facts . It is the bounden duty of the Magistrate to produce
judgment in a in a case coming before him which is self-contained and which
 12

would that he has intelligently applied his mind to the facts of the case and the
evidence led therein by the respective parties and a criticism of this evidence
justifying the conclusion to which the Magistrate feels persuaded come . The
Supreme Court has also from time to time directed that all orders passed by the
courts should be speaking orders giving reasons for the decision after noting the
point at issue. This rule applies to judgments on grant of bail also.'

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 dealt 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 of 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 ease 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.
 13

SECTION 357 ORDER TO PAY

COMPENSATION
1. When a Court imposes a sentence of fine or a sentence (including a sentence
of death) of which fine forms a part, the Court may, when passing judgment order
the whole or any part of the fine recovered to be applied-
a. in defraying the expenses properly incurred in the prosecution;
b. in the payment to any person of compensation for any loss or injury
caused by the offence, when compensation is, in the opinion of the Court,
recoverable by such person in a Civil Court;
c. when any person is convicted of any offence for having caused the
death of another person or of having abetted the commission of such an offence, in
paying compensation to the persons who are, under the Fatal Accidents Act, 1855
(13 of 1855), entitled to recover damages from the person sentenced for the loss
resulting to them from such death;
d. when any person is convicted of any offence which includes theft,
criminal misappropriation, criminal breach of trust, or cheating, or of having
dishonestly received or retained, or of having voluntarily assisted in disposing of,
stolen property knowing or having reason to believe the same to be stolen in
compensating any bona fide purchaser of such property for the loss of the same if
such property is restored to the possession of the person entitled thereto.
2. If the fine is imposed in a case which is subject to appeal, no such payment
shall be made before the period allowed for presenting the appeal has elapsed, or if
an appeal be presented, before the decision of the appeal.
3. When a Court imposes a sentence, of which fine does not form a part, the
Court may, when passing judgment order the accused person to pay, by way of
compensation such amount as may be specified in the order to the person who has
 14

suffered any loss or injury by reason of the act for which the accused person has
been so sentenced.
4. An order under this section may also be made by an Appellate Court or by
the High Court or Court of Session when exercising its powers of revision.
5. At the time of awarding compensation in any subsequent civil suit relating to
the same matter, the Court shall take into account any sum paid or recovered as
compensation under this section.

Section 357A Victim

compensation scheme
1. Every State Government in co-ordination with the Central
Government shall prepare a scheme for providing funds for the
purpose of compensation to the victim or his dependents who have
suffered loss or injury as a result of the crime and who, require
rehabilitation.
2. Whenever a recommendation is made by the Court for
compensation, the District Legal Service Authority or the State Legal
Service Authority, as the case may be, shall decide the quantum of
compensation to be awarded under the scheme referred to in sub-
section (1)
3. If the trial Court, at the conclusion of the trial, is satisfied, that
the compensation awarded under section 357 is not adequate for
such rehabilitation, or where the cases end in acquittal or discharge
and the victim has to be rehabilitated, it may make recommendation
for compensation.
4. Where the offender is not traced or identified, but the victim is
identified, and where no trial takes place, the victim or his
dependents may make an application to the State or the District
Legal Services Authority for award of compensation.
5. On receipt of such recommendations or on the application
under sub-section (4), the State or the District Legal Services
Authority shall, after due enquiry award adequate compensation by
completing the enquiry within two months.
 15

6. The State or the District Legal Services Authority, as the case

may be, to alleviate the suffering of the victim, may order for
immediate first-aid facility or medical benefits to be made available
free of cost on the certificate of the police officer not below the rank
of the officer incharge of the police station or a Magistrate of the
area concerned, or any other interim relief as the appropriate
authority deems fit.

SECTION 357B COMPENSATION TO

BE IN ADDITION TO FINE UNDER
SECTION 326A OR SECTION 376D OF
INDIAN PENAL CODE10

The compensation payable by the State Government under section 357A shall be in
addition to the payment of fine to the victim under section 326A or section 3760 of
the Indian Penal Code.

COMPENSATION TO PERSONS
GROUNDLESSLY ARRESTED
1. Whenever any person causes a police officer to arrest another person, if it
appears to the Magistrate by whom the case is heard that there was no sufficient
ground of causing such arrest, the Magistrate may award such compensation, not
exceeding one thousand rupees, to be paid by the person so causing the arrest to

10 Criminal Law (Amendment) Act, 2013

 16

the person so arrested, for his loss of time and expenses in the matter, as the
Magistrate thinks fit.
2. In such cases, if more persons than one are arrested, the Magistrate may, in
like manner, award to each of them such compensation, not exceeding one hundred
rupees, as such Magistrate thinks fit.
3. All compensation awarded under this section may be recovered as if it were
a fine, and, if it cannot be so recovered, the person by whom it is payable shall be
sentenced to simple imprisonment for such term not exceeding thirty days as the
Magistrate directs, unless such sum is sooner paid.

SUCCESSFUL COMPLAINT TO
GET COSTS IN NON
COGNIZABLE CASES 11
Section 359 , CrPc
1. Whenever any complaint of a non-cognizable offence is made to a Court, the
Court, if it convicts the accused, may, in addition to the penalty imposed upon him,
order him to pay to the complainant, in whole or in pan, the cost incurred by him in
the prosecution, and may further order that in default of payment, the accused shall
suffer simple imprisonment for a period not exceeding thirty days and such costs
may include any expenses incurred in respect of process-fees witnesses and
pleaders fees which the Court may consider reasonable.
2. An order under this section may also be made by an Appellate Court or by
the High Court or Court of Session when exercising its powers of revision.

11 Section 359 , CrPc

 17

JUDGMENT IN ABRIDGED
FORMS
Instead of recording the judgment in usual manner provided by section 354 as the
judgment given by metroplotian magistrates or in summary trials are required to be
recorded in specified abridged forms .

Section 355 :-

(I) A metropolitan magistrate shall record following particulars

while giving a judgment.

(a) the serial number of the case ;

(b) the date of commission of offence ;

(c) the name of complainant (if any) ;

(d) the name of the accused persons and his parentage and
residence;

(e) the offence complained of or proved ;

 18

(f) the plea of the accused and his examination (if any) ;

(g) the final order

(h) the date of such order ;

(i) in all cases in which an appeal lies from the final order either
under section 373 or under section 374 (3) , a brief statement of
reasons for the decision.

POST CONVICTION DILEMMA

As observed by the supreme court , guilt once stabhlised the punitive dilemma
begins .12The code provides in every trial when the accused is proved guilty and
convicted , the court shall proceed to pass sentence on him.

12 Ediga annamma vs state of A.P ,(1974) 4 SCC 443

 19

This mandatory rule has two exceptions of one is rather technical or formal in
nature. The exceptions are : (I) In trials of warrant cases and summon cases ,
whenever a magistrate is of opinion after hearing the evidence, that the accused is
guilty and that he ought to receive punishment different in kind from , or more
severe than , that which such magistrate is empowered to inflict , he may record the
opinion and submit his proceedings to the Chief Judicial Magistrate. The chief
judicial magistrate then shall proceed to pass such judgment , sentence or order in
the case as he thinks fit. 13This not only exception because the provision only
enables to get post conviction orders passed by court of wider competence or
authority.
2) In case where court thinks desirable to proceed in accordance with the provision
of section 360 , the court may , having regard to the age , character or
antecedents or physical or mental condition of the offender and to the
circumstances in which the offence was committed , instead of sentencing an
accused person to punishment , release him after admonition on probation of good
conduct.

ACCORDING TO S.360

PRONOUNCEMENT OF
JUDGMENT
The judgment of trial court represents the final episode in the trial of the accused.
A judgment in this context is the final decision of the court intimated to parties and

13 S235(2) , 248(2)
 20

the world at large by formal Pronouncement or delivery in open court. 14The

rules made by the code in delivery or pronouncement are mainly intended to secure
certainty and ascertainment of what judgment was. Therefore , until judgment is
delivered or pronounced in compliance with the rules , it is strictly speaking no
judgment , and a judge at that stage can change his mind and make alterations in
judgment.

S.353 which deals with modes of pronouncing judgment is read as follows

1. The judgment in every trial in any Criminal Court of original jurisdiction

shall be pronounced in open Court by the presiding officer immediately after
the termination of the trial or at some subsequent time of which notice shall be
given to the parties or their pleaders,

a. by delivering the whole of the judgment; or

b. by reading out the whole of the judgment: or
c. by reading out the operative part of the judgment and explaining
the substance of the judgment in a language which is understood by the
accused or his pleader.
2. Where the judgment is delivered under clause a) of Sub-Section (1), the
presiding officer shall cause it to be taken down in short-hand, sign the
transcript and every page thereof as soon as it is made ready, and write on it
the date of the delivery of the judgment in open Court.
3. Where the judgment or the operative part thereof is read out under clause
b) or clause c) of Sub-Section (1), as the case may be, it shall be dated and
signed by the presiding officer in open Court and if it is not written with his
own hand, every page of the judgment shall be signed by him.
4. Where the judgment is pronounced in the manner specified in clause c) of
Sub-Section (1), the whole judgment or a copy thereof shall be immediately
made available for the perusal of the parties or their pleaders free of cost.
5. If the accused is in custody, he shall be brought up to hear the judgment
pronounced.
6. If the accused is not in custody, he shall be required by the Court to attend
to hear the judgment pronounced, except where his personal attendance
during the trial has been dispensed with and the sentence is one of fine only or
he is acquitted:

14 Iqbal ismail soodwala v. state of maharashtra (1975)3 SCC 340

 21

Provided that, where there are more accused than one, and one or more of
them do not attend the Court on the date on which the judgment is to be
pronounced, the presiding officer may, in order to avoid undue delay in the
disposal of the case, pronounce the judgment notwithstanding their absence.
7. 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 or their pleaders, or any of them, the notice of
such day and place.
8. Nothing in this section shall be construed to limit in any way the extent of
the provisions of section 465.

It was held in Aeltemesh Rein vs State of Maharashtra15 That the expression after
the termination of trial in section 353(1) only means after the entire evidence both
on behalf of prosecution and defendants is recorded and arguments are heard. It
cannot, however , be said that the trial in criminal case comes to an end as soon as
the evidence is recorded and that the ultimate judgment pronounced in a case forms
no part of a trial.

When the judgment is pronounced by delivering the whole of it in open court

under clause (a) of sub section (1) above , the presiding officer is required by sub
section (2) to cause it to be taken down in shorthand and to sign the transcript and
every page thereof as soon as it is made ready and to write on it the date of
delivery of judgment in open court. As section 363 requires that where the
judgment is appealable by the accused he is given certified copy of judgment free
of cost without delay. But if supply of copy of judgment is delayed inordinately
because of the delay in the preparation of transcript as mentioned in sub section (2)
, the consequence would inevitably be that the accused would not be not able to
file appeal and obtain an order from the appellate court for his release on bail
within reasonable time even though it be a fit case for his release on bail. Secondly,
another result of the above delay could be that the convicted person who is
sentenced person who is sentenced to undergo imprisonment for a short period
would go undergo imprisonment for long time by the time judgment copy is not

15 1980 Cri LJ 858 (bom)

 22

delivered to him. The right of appeal for such a convicted person would be thus
rendered illusory even though he may had a good arguable case in appeal. 16

This would indicate the necessity of prompt and expeditious transcription when the
judgment is delivered in open court under clause (a) of sub section (1)

The supreme court has rightly disapproved the practice of some judges deleivering
judgments after several months since completion of hearing. The court has
correctly perceived it to be violation of speedy trial , a right enshrined in Article 21
of constitution of India.17

Where a judgment or the operative part thereof is read out under clause (b) or
clause (c) of sub section (1) , shall be dated and signed by the presiding officer in
open court . S. 353 (3)

However any defect or irregularity in such dating and signing can be cured by
section 465. In this connection the supreme court has observed :

Small irregularities in the manner of pronouncement or the mode of delivery do not

matter but the substance of the thing must be there : that can neither be blurred not
left to inference and conjecture nor it can be vague. All the rest the manner in
which it is to be recorded , the way in which is to be authenticated , the signing
and sealing , all the rules designed to secure certainty about its content and matter
can be cured : but not the hard core , namely , the formal intimation of the
decision and its contents formally declared in judicial way in an open court. The
exact way in which it is done does not matter. In some courts judgment is delivered
orally or read out , in some only the operative is pronounced , in some the
judgment is merely signed after giving notice to the parties and laying the draft on
the table for a given number of days for inspection.

Where the case in the high court was heard by a bench of two judges and
judgment was signed by both of them but delivered in court by one after the death

16 Iqbal Ismail soodewala v. state of Maharashtra 1975 , 3 SCC 140

17 Anil Rai v. State of Bihar , (2001) 7 SCC 318:2001

 23

of another , it was held there was no valid judgment and that the case should be
reheard. 18

In Bindeshwari Prasad singh v. Kali Singh 19 question arose where a sessions

judge could pronounce the judgments passed by one judge in two cases on an
earlier day but handed over to him after two weeks , has come up for decision. The
Kerala High court answered the decision in affirmative saying that the subordinate
courts are also having what could be called auxillary powers to do what is
necessary for dispensation of justice , even in the absence of specific provision if
there is no prohibition. In this connection it may however be pertinent to note that
the supreme court has categorically stated that there is no inherent power with the
subordinate courts.

In Mohd. Masoom v.Union of India 20it was held that when the court announces its
decision on one day and delivers its reason on another day , the reasons must bear
the date on which they are made known in open court. This has been practice of
supreme court. This is also the practice of privy council.

It is quite evident from sub sections 5 and 6 that it is duty of the trial court to
secure the attendance of the accused in the court at the time delivering judgment of
conviction by which the accused is sentenced to a substantive sentence of
imprisonment. However in order to avoid undue delay in disposal of case in which
there are two or more accused persons , the court can pronounce the judgment in
the absence of any of the accused persons the circumstances mentioned in the
proviso to sub section (6) above.

18 Section 465 , CrPc

19 1971 I SCC 57:1971

20 1979 Crlj 365, 368 (del)

 24

CONCLUSION
After perusing all the ingredients of S.304 B, one can safely conclude that this
provision virtually encompasses S.498A of the IPC, S.2 of the Dowry Prohibition
Act and S.113B of the Indian Evidence Act. As already mentioned, the meaning of
the word cruelty is derived from S.498A due to the common background of both
these sections. In order to prevent the culprits from breaking free from the clutches
of law, a shift from the general practice of placing the burden of proving the charge
on the prosecution was recommended and it was stipulated under S.113B of the
Evidence Act that the defendant must rebut the presumption that he/she has
committed the dowry death. In order to determine the meaning of the term
dowry, the definition of dowry as given in S.2 of Dowry Prohibition Act was
imported into S.304B of the IPC.

As a matter of change in the law the researcher regards the insertion of the term
within seven years of marriage as futile rather a hindrance towards full
achievement of the section for which it was inserted. In the opinion of the
researcher otherwise there is no deficiency in the framing of the S.304B of IPC.

However the researcher thinks that only legal approach towards the deep-rooted
problem of dowry is not sufficient. The problem of dowry has economic and
sociological underpinnings neglecting which desired results cannot be achieved.21

Purely a punitive approach towards the dowry issue is not appropriate. Some kind
of social stigma is needed to be attached to it. Dowry killing is a crime of its own
kind where elimination of bride becomes immediate necessity so that the groom
can again be sold in the marriage market and could fetch more money. Eliminating
which seems to provide a solution towards resolving the problem. Social reformist
and legal jurists may evolve machinery for debarring such a boy from remarriage
irrespective of the member of family who committed the crime and in violation
penalize the whole family including those who participate in it.22
21 Report of the Joint Committee of Parliament quoted the observations of Jawaharlal Nehru to indicate the role of
legislation

22 See Ashok Kumar v. State of Rajasthan 1990-(SC2)-GJX -0482 SC; AIR 1990 SC 2134
 25

For better results a publicity drive should also be started to inform people at every
level about the nature of legal control of dowry. A major thrust to enforcement
schemes should also be given. Awakening of the collective consciousness is the
need of the day. It also seems that once education and economic independence for
women are achieved, the evil of dowry would vanish itself. A social movement of
educating women of their rights particularly in rural areas is needed. Courts have
to assume a greater responsibility and it is expected that the courts would deal with
such cases in a more realistic manner and would not allow the criminals to escape
on account or procedural technicalities.23

23 Kundula Bala Subrahmanyam and Another v. State of Andhra Pradesh, 1993-(SC2)-GJX -0253 SC; 1993 CRLJ
1635 (SC).
 26

Bibliography
Rashid, M.A , Indian Penal Code, Eastern Book Company,
Lucknow, 5th Edition, 2001.
Pillai, P.S.A., Criminal Law, Lexis Nexis, Gurgaon, 12 th Edition,
2016
Bhattacharya, T., Indian Penal Code, Central Law Agency,
Allahabad, 5th Edition, 2007.
Gaur, K. D., Indian Penal Code, 3 rdEdition , Universal Law
Publishing Co. , Delhi, 2008.
Williams ,Galnville., Text book of criminal law , 2 nd edition,
London , 1978.

Webliography
www.indiankanoon.com, last visited 06th March , 2017
www.lawfinder.com , last visited on 14th March , 2017
www.deadlylaw.com , last visited on 14th March ,2017
www.helpingwomenfoundation.com , last visited on 24 th
March ,2017
 27

http./ .ncrbdddata2016.sksididf.com , last visited on 25 th

March, 2017