JUDGMENT AND SENTENCING

JUDGMENT; COMPENSATION; ADMONITION; PROBATION;

EXECUTION;SUPSENSION;REMISSION;COMMUTATION OF SENTENCES
JUDGMENT AND FORM & CONTENTS

Section 353- Judgment

1. The judgment in every trial in any Criminal Court of Original
Jurisdiction shall be pronounced in open court by the
presiding officer.
2. When?
 Immedietely after the termination of the Trial
 Or, at some subsequent time – notice should be given to both
sides.
3. How?
 By delivering the whole judgment
 By reading out the whole judgment
 By reading out the operative part.
4. Miscellaneous:
 Each page of the judgment shall be signed by the presiding officer.
 Date of delivery of the judgment to be written. (This is for the purposes
of counting the limitation period)
 Copy of the judgment shall be made available to the parties
immediately free of cost.
 Presence of accused: when accused in custody?
 When not in custody- he shall be required by the Court to attend to
hear the judgment, except where his personal attendance during the
trial has been dispensed with and sentence is of fine only or if he is
acquitted
 Sec. 354-Language and contents
 Written in the language of the court
 Shall contain point of determination- decision and reasons for the
decision
 Shall specify the offence and the Section of the IPC/any other law
 If it is a judgment of acquittal- shall state the offence for which the
accused is acquitted and direct he be set at liberty.
 Sentencing: When the offence is punishable with Death/LI/Term and
the accused is convicted- then the judgment shall state the reasons
for the sentence awarded.
 If Death Penalty granted- Special reasons to be given for such
sentence alongwith a direction that person shall be hanged by the
neck till death.
 If conviction for an offence which is punishable by imprisonment for 1 year
or more- but court imposes a sentence of imprisonment for a term of less
than 3 months- Reasons to be given.
Submission of death sentences for confirmation
1. S.366- Sentence of death to be submitted by Court of session for
confirmation:-
Whenever Court of session passes a sentence of death, the proceedings
shall be submitted to the HC and the sentence shall not be executed unless
it is confirmed by the HC.
The Court passing the sentence shall commit the convicted the person to jail
under a warrant.
2. S.367- Power to direct further inquiry to be made and further
evidence to be taken by the High Court.
Done by the High Court itself or it may direct the Sessions.
3. S.368- Power of HC to confirm sentence or annul
conviction:
In any case submitted under S. 366, the High Court may do
the following:-
 Confirm the sentence
 Annul the conviction and pass any other sentence or order
a new trial or amended charge.
 Acquit the accused
 The said order shall be signed by atleast 2 judges.
(Section 369)
 S.370:Difference of opinion- to be dealt under S. 392
 S. 360-Probation& Admonition
Order to release on Probation of good conduct or after admonition:-
Meaning of Probation:-
When a convict is released on his entering a bond with or without sureties,
to appear and receive sentence when called upon during such period ( not
more than 3 years) as the court may direct and in the meantime to keep
good behaviour and peace.
Circumstances when probation may be granted:
 When any person who is 21 years or more is convicted of an offence
punishable with fine only or upto 7 years
 When any person below 21 years or woman who has been convicted of
an offence not punishable with death or LI.
 No previous conviction is proved.
 Age, character, antecedents, circumstances considered.
Then the Court may instead of sentencing him at once to any punishment
direct that he be released on entering into a bond.
 Procedural Pointers
a. Where any first offender has been convicted by a JMSCwho is not
empowered by the HC and he is of the opinion that powers under this
section shall be exercised- then he shall record his opinion and
submit the proceedings to JMFC.
b. This JMFC shall pass such order or sentence as he might have
passed if such case was originally heard by him. He may also make
further inquiry or additional evidence on any pertinent point.
c. Which courts can make an order under S. 360?
 JMFC
 High Court or Sessions while exercising Revisional powers.

d. Note:- The Court before directing a release under S. 360(1) shall be

satisfied that an offender or his surety has a fixed place of abode or
regular occupation in the place for which such court acts or where the
offender is likely to live during the period named for the observance of the
conditions.
e. If offender fails to observe any of the conditions- warrant may be issued
for his arrest. After which either he is committed to custody/ bail with
 Admonition
 S. 360 (3)
 Category of offences- Theft/ theft-building/ dishonest
misappropriation/cheating or any offence under the IPC
punishable with not more than 2 years or with fine only
and no previous conviction is proved;
 Discretion of the Court :-The court before which he is so
convicted may if it thinks fit, having regard to the age,
character, antecedents, physical or mental condition +
trivial nature of the offence+ extenuating circumstances
under which offence was committed – Release him after
due admonition.
 Compensation and Costs
Sec. 357:- Order to pay compensation
When?
It is when a court imposes a sentence of fine or a sentence (including
DEATH) of which fine forms a part, then 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 payment to any person of compensation for any loss or injury
caused by the offence, when compensation is recoverable by such
person in a civil court.
c. When any person is convicted of an offence which includes theft,
criminal misappropriation, criminal breach of trust, cheating,
dishonestly receiving of stolen property- then 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 to.
 When a court imposes a sentence, of which fine does not form a part,
the court may order the accused to pay compensation of such
amount as may be specified in the order to the person who has
suffered any loss or injury by reason of the act for which the accused
person has been so sentenced.
 High Court/ Sessions may also order compensation under this
section while exercising its revisional jurisdiction.
Other points:-
1. Victim Compensation Scheme (357A)
2. Compensation in addition to fine under S.326A or 376D of IPC (S.
357 C)
3. Compensation to persons groundlessly arrested (S. 358)
4. Order to pay costs in non-cognisable offences (s. 359)