Whether Section 2(9) of the C.P.C is applicable to Cr.P.C ?
AMAR RANU
(Querist) 27 February 2010
This query is : Resolved
Section 2(9) of the CPC defines a judgment" to mean the statement given by the Judge of the grounds for a decree or order.
(1999 (8) SCC 396), it was inter-alia held as follows:
"There is yet another infirmity in the case which relates to the "judgment" passed by the single Judge and upheld by the Division Bench.
"Judgment" as defined in Section 2(9) of the Code of Civil Procedure means the statement given by the Judge of the grounds for a decree or order. What a judgment should contain is indicated in Order 20 Rule 4(2) which says that a judgment "shall contain a concise statement of the case, the points for determination, the decision thereon, and the reasons for such decision". It should be a self-contained document from which it should appear as to what were the facts of the case and what was the controversy which was tried to be settled by the Court and in what manner. The process of reasoning by which the Court came to the ultimate conclusion and decreed the suit should be reflected clearly in the judgment."
In the light of the above,I would like to know the opinion of the esteemed experts here as to whether such a similar provision is available in Cr.P.C.also,which may be applicable to orders passed in criminal cases.
If yes,please let us have similar provision in Cr.P.C.Kindly pinpoint where it is available.
If not,kindly throw some light on some case law in support of above said contention.
Amar
Parveen Kr. Aggarwal
(Expert) 27 February 2010
Section 354 of the Code of Criminal Procedure, 1973:
"354. Language and contents of judgment:(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 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 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."
Guest
(Expert) 01 March 2010
agree with parveen
