CrPC 354: Section 354 of the Criminal Procedure Code

Language and contents of judgment

  1. Except as otherwise expressly provided by this Code, every judgment referred to in section 353,
    1. shall be written in the language of the Court;
    2. shall contain the point or points for determination, the decision thereon and the reasons for the decision;
    3. 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;
    4. 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.

CrPC 353: Section 353 of the Criminal Procedure Code

Judgment

  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,
    1. by delivering the whole of the judgment; or
    2. by reading out the whole of the judgment: or
    3. 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 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.

CrPC 352: Section 352 of the Criminal Procedure Code

Certain Judges and Magistrates not to try certain offences when committed before themselves

Except as provided in sections 344, 345, 349 and 350, no Judge of a Criminal Court (other than a Judge of a High Court) or Magistrate shall try any person for any offence referred to in section 195, when such offence is committed before himself or in contempt of his authority, or is brought under his notice as such judge or magistrate in the course of a judicial proceeding.

CrPC 351: Section 351 of the Criminal Procedure Code

Appeals from convictions under sections 344, 345, 349 and 350

  1. Any person sentenced by any Court other than a High Court under section 344, section 345, section 349 or section 350 may, notwithstanding anything contained in this Code appeal to the Court to which decrees or orders made in such Court are ordinarily appealable.
  2. The provisions of Chapter XXIX shall, so far as they arc applicable, apply to appeals under this section, and the Appellate Court may alter or reverse the finding, or reduce or reverse the sentence appealed against.
  3. An appeal from such conviction by a Court of small causes shall lie to the Court of Session for the sessions division within which such Court is situate.
  4. An appeal from such conviction by any Registrar of Sub-Registrar deemed to be a civil Court by virtue of a direction issued under section 347 shall lie to the Court of Session for the sessions division within which the office of such Registrar of Sub-Registrar is situate.

CrPC 350: Section 350 of the Criminal Procedure Code

Summary procedure for punishment for non-attendance by a witness in obedience to summons

  1. If any witness being summoned to appear before a Criminal Court legally bound to appear at a certain place and time in obedience to the summons and without just excuse neglects or refuses to attend at that place or time or departs from the place where he has to attend before the time at which it is lawful for him to depart, and the Court before which the witness is to appear is satisfied that it is expedient in the interests of justice that such a witness should be tried summarily, the Court may take cognizance of the offence and after giving the offender an opportunity of showing cause why he should not be punished under this section, sentence him to fine not exceeding one hundred rupees.
  2. In every such case the Court shall follow, as nearly as may be practicable, the procedure prescribed for summary trials.

CrPC 349: Section 349 of the Criminal Procedure Code

Imprisonment or committal of person refusing to answer or produce document

If any witness or person called to produce a document or thing before a Criminal Court refuses to answer such question as are put to him or to produce any document or thing in his possession or power which the Court requires him to produce, and does not, after a reasonable opportunity has been given to him so to do, offer any reasonable excuse for such refusal such Court may, for reasons to be recorded in writing, sentence him to simple imprisonment or by warrant under the hand of the Presiding Magistrate or Judge commit him to the custody of an officer of the Court for any term not exceeding seven days, unless in the meantime, such person consents to be examined and to answer, or to produce the document or thing and in the event of his persisting in his refusal he may be dealt with according to the provisions of section 345 of section 346.

CrPC 348: Section 348 of the Criminal Procedure Code

Discharge of offender on submission of apology

When any Court has under section 345 adjudged an offender to punishment, or has under section 346 forwarded him to a Magistrate for trial, for refusing or omitting to do anything which he was lawfully required to do or for any international insult or interruption, the Court may, in its discretion, discharge the offender or remit the punishment on his submission to the order or requisition of such Court or on apology being made to its satisfaction.

CrPC 347: Section 347 of the Criminal Procedure Code

When Registrar or Sub-Registrar to be deemed a Civil Court

When the State Government so directs, any Registrar or any Sub-Registrar appointed under the *** Registration Act, 1908 (16 of 1908), shall be deemed to be a civil Court within the meaning of sections 345 and 346.

CrPC 346: Section 346 of the Criminal Procedure Code

Procedure where Court considers that case should not be dealt with under section 345

  1. If the Court in any case considers that a person accused of any of the offences referred to in section 345 and committed in its view or presence should be imprisoned otherwise than in default of payment of fine, or that a fine exceeding two hundred rupees should be imposed upon him, or such Court is for any other reason of opinion that the case should not be disposed of under section 345 such Court, after recording the facts constituting the offence and the statement of the accused as hereinbefore provided, may forward the case to a magistrate having jurisdiction to try the same, and may require security to be given for the appearance of such person before such Magistrate, or if sufficient security is not given shall forward such person in custody to such Magistrate.
  2. The Magistrate to whom any case is forwarded under this section shall proceed to deal with, as far as may be, as if it were instituted on a police report.

CrPC 345: Section 345 of the Criminal Procedure Code

Procedure in certain cases of contempt

  1. When any such offence as is described in section 175, section 178, section 179, section 180 or section 228 of the Indian Penal Code (45 of 1860) is committed in the view or presence of any civil, Criminal or Revenue Court, the Court may cause the offender to be detained in custody and may at any time before the rising of the Court on the same day, take cognizance of the offence and, after giving the offender a reasonable opportunity of showing cause why he should not be punished under this section, sentence the offender to fine not exceeding two hundred rupees, and, in default of payment of fine, to simple imprisonment for a term which may extend to one month, unless such fine be sooner paid.
  2. In every such case the Court shall record the facts constituting the offence, with the statement (if any) made by the offender as well as the finding and sentence.
  3. If the offence is under section 228 of the Indian Penal Code (45 of 1860), the record shall show the nature and stage of the judicial proceeding in which the Court interrupted or insulted was sitting, and the nature of the interruption or insult.