CrPC Section 265F: Judgment of the Court – Code of Criminal Procedure
1. State the code
Section 265F of the Code of Criminal Procedure, 1973 (CrPC) deals with the judgment of the Court in certain specific cases.
2. Explain it
This section dictates the procedure for delivering judgments in cases where:
- The accused has been convicted of an offense punishable with death or imprisonment for life.
- The accused has been acquitted of an offense punishable with death or imprisonment for life.
- The accused has been convicted of an offense punishable with imprisonment for a term exceeding ten years, and the Judge is of the opinion that a case for reference to the High Court under Section 386 of the CrPC exists.
The section mandates that the judgment in these cases should be pronounced in open court and must be recorded in writing. The judgment must contain the following:
- A concise statement of the facts of the case.
- The points for determination.
- The decision of the Court on each of the points.
- The reasons for the decision.
- The sentence passed by the Court.
3. Illustrate it
Imagine a case where a person has been accused of murder, an offense punishable with death or life imprisonment. After a trial, the Court finds the accused guilty and convicts them. In this scenario, the judgment will be pronounced in open court as per Section 265F, and it will be recorded in writing, containing the elements mentioned above, including the sentence of death or imprisonment for life.
4. Gist of common questions and answers
Q: Does Section 265F apply to all criminal cases?
A: No, it applies only to cases involving offenses punishable with death, life imprisonment, or imprisonment exceeding ten years, where the Judge believes a reference to the High Court is necessary.
Q: Why is the judgment pronounced in open court?
A: This ensures transparency, fairness, and public accountability in the judicial process. The accused and the public have the right to know the Court’s decision and its reasoning.
Q: What happens if the Judge is unable to deliver the judgment in open court?
A: In such cases, the judgment may be pronounced in chambers, but it must be recorded in writing and a copy must be given to the accused and the prosecution.
