Chapter XXVII
Section 354 CrPC: Language and contents of judgment
New Law Update (2024)
Section 393 BNSS
TRIAL COURT
Punishment
Death or Life Imprisonment
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) Except as otherwise expressly provided by this Code, every judgment referred to in section 353, shall be written in the language of the Court; shall contain the point or points for determination, the decision thereon and the reasons for the decision; 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; 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 or 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.
Important Sub-Sections Explained
Section 354(1) CrPC
This crucial sub-section outlines the foundational requirements for every criminal judgment, stipulating that it must be in the court’s language, detail the points of determination, the decision with reasons, the specific offense, and the awarded punishment. It also defines the necessary contents for a judgment of acquittal.
Section 354(3) CrPC
This sub-section mandates the inclusion of reasons for the sentence passed by the court. Crucially, it requires the court to provide ‘special reasons’ when a death sentence is awarded, underscoring the gravity and exceptional nature of such a punishment.
Landmark Judgements
Bachan Singh v. State of Punjab (1980):
This landmark judgment established the ‘rarest of rare’ doctrine for imposing the death penalty in India. It held that life imprisonment is the rule and the death sentence is an exception, to be awarded only when the alternative option is unquestionably foreclosed, requiring the Court to record ‘special reasons’ for its imposition.
Manoj Pratap Singh v. State of Rajasthan (2022):
The Supreme Court, in this case, reiterated and further clarified the ‘rarest of rare’ doctrine for the death penalty. It emphasized the need for a comprehensive assessment of both aggravating and mitigating circumstances, highlighting the importance of ‘special reasons’ and the consideration of reformation and rehabilitation aspects before confirming a death sentence.