CrPC Section 354 — Language and contents of judgment

CHAPTER XXVII THE JUDGMENT

General

Summary

Sub-section (1) says that, unless the Code expressly provides otherwise, every judgment covered by section 353 must be written in the Court’s language. It must state the point or points to be decided, the Court’s decision on them and its reasons; (a) applies to the language requirement; (b) to those points, decisions and reasons; (c) the offence, if any, and the section of the Indian Penal Code or other law under which the accused is convicted, and the punishment imposed; and (d) if the judgment acquits the accused, the offence of which the accused is acquitted and a direction that the accused be set at liberty.

Sub-section (2) says that if a person is convicted under the Indian Penal Code but it is doubtful which of two sections, or which of two parts of the same section, applies to the offence, the Court must clearly state that uncertainty and give judgment in the alternative.

Sub-section (3) says that when a person is convicted of an offence punishable by death or, alternatively, by imprisonment for life or for a term of years, the judgment must give reasons for the sentence. If the sentence is death, it must also give the special reasons for that sentence.

Sub-section (4) says that if an offence is punishable by imprisonment for one year or more, but the Court imposes imprisonment for less than three months, the Court must record its reasons. This requirement does not apply if the sentence is imprisonment until the Court rises, or if the case was tried summarily under the Code.

Sub-section (5) says that a death sentence must direct that the person be hanged by the neck until dead.

Sub-section (6) says that an order under section 117 or sub-section (2) of section 138, and every final order under section 125, 145 or 147, must state the point or points to be decided, the decision on them and the reasons for the decision.

Official Text

(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;

(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 death 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 or 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 case 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.

Sections referred to

Referred to by

Related Judgments

  • MANOJ PRATAP SINGH vs THE STATE OF RAJASTHAN — Supreme Court of India (2022)
  • SUNDAR @ SUNDARRAJAN vs STATE BY INSPECTOR OF POLICE — Supreme Court of India (2023)
  • BACHAN SINGH ETC. ETC. vs STATE OF PUNJAB ETC. ETC — Supreme Court of India (1980)
  • Mohammed Faraz Farmood Ali Salmani. vs The Senior Inspector of Police and Another., .., –, Shri S.R.Garud i/b — Bombay High Court (Mumbai Principal Seat) (2017)
  • KARAN vs STATE NCT OF DELHI — Delhi High Court (2020)

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