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The Code of Criminal Procedure, 1898

( ACT NO. V OF 1898 )

Chapter XXVI


Mode of delivering judgment
366.(1) The judgment in every trial in any Criminal Court of original jurisdiction shall be pronounced, or the substance of such judgment shall be explained-
(a) in open Court either immediately after the termination of the trial or at some subsequent time of which notice shall be given to the parties or their pleaders, and
(b) in the language of the Court, or in some other language which the accused or his pleader understands:
Provided that the whole judgment shall be read out by the presiding Judge, if he is requested so to do either by the prosecution or the defence.
(2) The accused shall, if in custody, be brought up, or, if not in custody, be required by the Court to attend, to hear judgment delivered, except where his personal attendance during the trial has been dispensed with and the sentence is one of fine only or he is acquitted, in either of which cases it may be delivered in the presence of his pleader.
(3) 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 of their pleaders, or any of them, the notice of such day and place.
(4) Nothing in this section shall be construed to limit in any way the extent of the provisions of section 537.
Language of judgment Contents of judgment
367.(1) Every such judgment shall, except as otherwise expressly provided by this Code, be written by the presiding officer of the Court or form the dictation of such presiding officer in the language of the Court, or in English; and shall contain the point or points for determination, the decision thereon and the reasons for the decision; and shall be dated and signed by the presiding officer in open Court at the time of pronouncing it and where it is not written by the presiding officer with his own hand, every page of such judgment shall be signed by him.
(2) It shall specify the offence (if any) of which, and the section of the Penal Code or other law under which, the accused is convicted, and the punishment to which he is sentenced.
Judgment in alternative
(3) When the conviction is under the Penal Code 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.
(4) If it be a judgment of acquittal, it shall state the offence of which the accused is acquitted and direct that he be set at liberty.
1[(5) If the accused is convicted of an offence punishable with death or, in the alternative, with 2[transportation for life] or imprisonment for a term of years, the Court shall in its judgment state the reasons for the sentence awarded.]
(6) For the purposes of this section, an order under section 118 or section 123, sub-section (3), shall be deemed to be a judgment.
Sentence of death.
368.(1) When any person is sentenced to death, the sentence shall direct that he be hanged by the neck till he is dead.
Sentence of transportation
(2) No sentence of transportation shall specify the place to which the person sentenced is to be transported.
Court not to alter judgment
369. Save as otherwise provided by this Code or by any other law for the time being in force 3[* * *], no Court when it has signed its judgment, shall alter or review the same, except to correct a clerical error.
370. [Omitted by the Schedule of the Adaptation of Central Acts and Ordinances Order, 1949.]
Copy of judgment, etc., to be given to accused on application.Case of person sentenced to death
371.(1) On the application of the accused a copy of the judgment, or when he so desires, a translation in his own language, if practicable, or in the language of the Court, shall be given to him without delay. Such copy shall, in any case other than a 4[case under Chapter XX], be given free of cost.
(2) [Omitted by section 2 and Schedule of the Law Reforms Ordinances 1978 (Ordinance No. XLIX of 1978).]
(3) When the accused is sentenced to death by a Sessions Judge, such Judge shall further inform him of the period within which, if he wishes to appeal, his appeal should be preferred.
Judgment when to be translated
372. The original judgment shall be filed with the record of proceedings, and, where the original is recorded in a different language from that of the Court, and the accused so requires, a translation thereof into the language of the Court shall be added to such record.
Court of Session to send copy of finding and sentence to District Magistrate
373. In cases tried by the Court of Session, the Court shall forward a copy of its finding and sentence (if any) to the 5[Chief Metropolitan Magistrate or the Chief Judicial Magistrate, as the case may be, and District Magistrate] within the local limits of whose jurisdiction the trial was held.

  • 1
    Sub-section (5) was substituted, for sub-section (5) by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)
  • 2
    The words "transportation for life" construed as a reference to "imprisonment for life" by section 3 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)
  • 3
    The words and commas "or, in the case of the High Court Division, by the Letters Patent of such High Court Division" were omitted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)
  • 4
    The words and figure "case under Chapter XX" were substituted, for the word "summons-case" by section 28 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)
  • 5
    The words and commas “Chief Metropolitan Magistrate or the Chief Judicial Magistrate, as the case may be, and District Magistrate” were substituted for the words “District Magistrate” by section 77 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).
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