Section 235 CrPC: Judgment of acquittal or conviction

Chapter XVIII

acquittal, conviction, Criminal trial procedure, Judgment, Mitigating factors, Post-conviction hearing, Right to be heard, sentencing

New Law Update (2024)

Section 257 BNSS

TRIAL COURT

Court conducting the trial

Punishment

Procedural – Judgment / Sentencing

Cognizable?

Bailable?

Compoundable?

Bare Act Text

(1) After hearing arguments and points of law (if any), the Judge shall give a judgment in the case.
(2) If the accused is convicted, the Judge shall, unless he proceeds in accordance with the provisions of Section 360, hear the accused on the question of sentence, and then pass sentence on him according to law.

Important Sub-Sections Explained

Section 235(1)

This sub-section mandates that after listening to all arguments and legal points, the judge must deliver a final judgment in the case, deciding whether the accused is acquitted or convicted.

Section 235(2)

This crucial sub-section requires that if an accused person is found guilty, the judge must specifically hear them regarding the appropriate sentence before passing it, unless proceeding under Section 360 for probation. This ensures the accused has a chance to present reasons for a lighter punishment.

Landmark Judgements

Santa Singh v. State of Punjab (1976):

This landmark Supreme Court judgment established the mandatory nature of the ‘hearing on sentence’ under Section 235(2) CrPC. It held that this hearing is not a mere formality but a valuable right of the accused to present mitigating circumstances before the sentence is pronounced.

Dagdu v. State of Maharashtra (1977):

Reiterating the principles of Santa Singh, the Supreme Court emphasized that the opportunity to be heard on the question of sentence is a substantive right, integral to a fair trial, allowing the accused to adduce material relevant to the quantum of punishment.

Balraj Singh v. State of Punjab (2002):

The Supreme Court clarified that the purpose of Section 235(2) is to provide a real and effective opportunity to the accused to plead for a lesser sentence by presenting all relevant mitigating factors. Failure to provide such an opportunity was held to vitiate the sentence.

Chapter XVIII