Section 353 of CrPC : Section 353: Judgment.
CrPC
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Explanation using Example
Example 1:
Rajesh is accused of theft and is on trial in a criminal court in Mumbai. After the trial concludes, the judge decides to pronounce the judgment. The judge has three options:
- Delivering the whole judgment: The judge reads out the entire judgment in open court.
- Reading out the whole judgment: The judge reads the entire judgment aloud in open court.
- Reading out the operative part and explaining the substance: The judge reads only the key parts of the judgment and explains the main points in Hindi, which Rajesh understands.
The judge chooses the third option. After reading the key parts and explaining the judgment, the judge ensures that a copy of the full judgment is immediately available to Rajesh and his lawyer free of cost.
Example 2:
Meera is accused of fraud and is currently in custody. The trial concludes, and the judge is ready to pronounce the judgment. Meera is brought to the court to hear the judgment. The judge reads out the entire judgment in open court and signs every page of the judgment.
Example 3:
Suresh and Ramesh are co-accused in a case of assault. Suresh is in custody, but Ramesh is out on bail. The trial concludes, and the judge schedules a date to pronounce the judgment. On the scheduled date, Ramesh does not appear in court. To avoid delaying the case, the judge decides to pronounce the judgment in the absence of Ramesh. The judgment is still valid despite Ramesh's absence.
Example 4:
Anita is accused of a minor offense and has been attending the trial. The trial concludes, and the judge decides to impose a fine as the sentence. Since the sentence is only a fine, the judge allows Anita to be absent during the pronouncement of the judgment. The judgment is read out in open court and signed by the judge.
Example 5:
Vikram is accused of a serious crime and is on trial. The trial concludes, and the judge schedules a date for pronouncing the judgment. Vikram's lawyer is not present on the scheduled date due to a communication error. Despite the absence of Vikram's lawyer, the judge pronounces the judgment. The judgment remains valid even though Vikram's lawyer was not present.
Example 6:
A criminal court in Delhi concludes a trial and the judge decides to pronounce the judgment by reading out the operative part and explaining the substance in English. The accused, who understands only Tamil, is provided with a translated copy of the judgment immediately after it is pronounced, ensuring that he understands the decision.