Section-367(5) of the Code of Criminal Procedure, 1898
The Code of Criminal Procedure, 1898
(ACT NO. V OF 1898)
CHAPTER XXVI
OF THE JUDGMENT
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.
(5) If the accused is
convicted of an offence punishable with death or, in the alternative,
with 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.
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