Code
Instead of recording a judgment in the manner hereinbefore provided, a Metropolitan Magistrate shall record the following particulars, namely:—
(a) the serial number of the case;
(b) the date of the commission of the offence;
(c) the name of the complainant (if any);
(d) the name of the accused person, and his parentage and residence;
(e) the offence complained of or proved;
(f) the plea of the accused and his examination (if any);
(g) the final order;
(h) the date of such order;
(i) in all cases in which an appeal lies from the final order either under section 373 or under sub-section (3) of section 374, a brief statement of the reasons for the decision.
Explanation
This section outlines the procedure for a Metropolitan Magistrate to deliver a judgment in cases where:
- The accused is found guilty of an offense punishable with imprisonment for a term not exceeding seven years, or with fine, or with both.
- The offense is triable exclusively by a Metropolitan Magistrate.
The section specifies that the judgment should be pronounced in open court, and the Magistrate should state the reasons for the judgment in writing.
Illustration
Consider a case where a person is charged with theft (punishable with imprisonment up to three years). The case is tried by a Metropolitan Magistrate. After hearing the evidence, the Magistrate finds the accused guilty. In this scenario, Section 355 of CrPC mandates that the Magistrate pronounce the judgment in open court, stating the reasons for the conviction in writing.
Common Questions and Answers
Q: What is the difference between a Metropolitan Magistrate and a Magistrate?
A: A Metropolitan Magistrate is a judicial officer specifically appointed for a metropolitan area, while a Magistrate can be appointed for any area. Metropolitan Magistrates generally have jurisdiction over certain types of cases in the metropolitan area.
Q: Can a Metropolitan Magistrate impose a sentence of imprisonment exceeding seven years?
A: No, a Metropolitan Magistrate cannot impose a sentence exceeding seven years under Section 355 of CrPC. Such cases need to be tried by a higher court.
