Section 354 of CrPC : Section 354: Language And Contents Of Judgment

Explanation using Example

Imagine a situation where a person named John Doe is accused of theft. After a trial, the judge determines that John is guilty and decides to write a judgment. In accordance with Section 354 of The Code of Criminal Procedure, 1973, the judge's judgment would include the following:

• The judgment would be written in the language of the court, which could be English or any other regional language used by the court.
• The judgment would detail the points for determination, such as whether John committed theft, the decision on those points, and the reasons why the court believes John is guilty.
• It would specify the offence, which in this case is theft under Section 379 of the Indian Penal Code, and the punishment, for example, imprisonment for two years.
• If John had been acquitted, the judgment would have stated the offence for which he was acquitted and ordered his release.
• In case the offence was punishable with death or life imprisonment, the judge would provide reasons for the chosen sentence. If the death penalty were imposed, it would state that John is to be hanged by the neck until dead.
• Should the judge decide to impose a shorter sentence than what is typical for the offence, for instance, imprisonment for two months when the offence typically warrants one year, the judge would record the reasons for this lighter sentence.

This judgment would serve as a record of the court's decision and the basis for it, ensuring transparency and accountability in the judicial process.