Code
(1) The judgment in every trial in any Criminal Court or original jurisdiction shall be pronounced in open Court by the presiding officer immediately after the termination of the trial or at some subsequent time of which notice shall be given to the parties or their pleaders,—
(a) by delivering the whole of the judgment; or
(b) by reading out the whole of the judgment; or
(c) by reading out the operative part of the judgment and explaining the substance of the judgment in a language which is understood by the accused or his pleader.
(2) Where the judgment is delivered under clause (a) of sub-section (1), the presiding officer shall cause it to be taken down in short-hand, sign the transcript and every page thereof as soon as it is made ready, and write on it the date of the delivery of the judgment in open Court.
(3) Where the judgment or the operative part thereof is read out under clause (b) or clause (c) of sub-section (1), as the case may be, it shall be dated and signed by the presiding officer in open Court, and if it is not written with his own hand, every page of the judgment shall be signed by him.
(4) Where the judgment is pronounced in the manner specified in clause (c) of sub-section (1), the whole judgment or a copy thereof shall be immediately made available for the perusal of the parties or their pleaders free of cost.
(5) If the accused is in custody, he shall be brought up to hear the judgment pronounced.
(6) If the accused is not in custody, he shall be required by the Court to attend to hear the judgment pronounced, except where his personal attendance during the trial has been dispensed with and the sentence is one of fine only or he is acquitted:
Provided that, where there are more accused than one, and one or more of them do not attend the Court on the date on which the judgment is to be pronounced, the presiding officer may, in order to avoid undue delay in the disposal of the case, pronounce the judgment notwithstanding their absence.
(7) No judgment delivered by any Criminal Court shall be deemed to be invalid by reason only of the absence of any party or his pleader on the day or from the place notified for the delivery thereof, or of any omission to serve, or defect in serving, on the parties or their pleaders, or any of them, the notice of such day and place.
(8) Nothing in this section shall be construed to limit in any way the extent of the provisions of section 465.
STATE AMENDMENT
Jharkhand.–
Amendment of Section 353(5).–In Section 353(5) of Code of Criminal Procedure, 1973, in its application to the State of Jharkhand
(i) If accused is in custody, he shall be brought up to hear the Judgement pronounced.
After the words “he shall be brought up” the word “in person or through the medium of electronic video linkage” shall be inserted.
[Vide Jharkhand Act 2 of 2016, s. 5]
Explain it
This section lays down that whoever assaults or uses criminal force to any person who is a public servant while that public servant is engaged in the execution of his duty, or on account of anything done or omitted by such public servant in the execution of his duty, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
The key elements of this offense are:
- Assault or use of criminal force: This includes any act that causes actual bodily harm, or puts the public servant in fear of such harm.
- Public servant: This includes any person who is employed in the service of the government, whether paid or unpaid.
- Discharge of duty: The assault or use of criminal force must be connected to the public servant’s official duties.
Illustrate it
- Example 1: A police officer is trying to arrest a suspect. The suspect resists arrest and assaults the officer. This would be an offense under Section 353 CrPC.
- Example 2: A tax inspector is trying to collect taxes from a businessman. The businessman becomes angry and pushes the inspector. This would also be an offense under Section 353 CrPC.
Common Questions and Answers
Q: What is the difference between Section 353 CrPC and Section 332 CrPC?
A: Section 332 CrPC deals with voluntarily causing hurt to deter a public servant from his duty. Section 353 CrPC deals with assault or use of criminal force, which is a broader category than hurt.
Q: Does the public servant need to be injured for Section 353 CrPC to apply?
A: No, actual injury is not necessary. The use of force or threat of force, even if it doesn’t cause harm, can be enough to constitute an offense under Section 353 CrPC.
Q: Can a private citizen be charged under Section 353 CrPC?
A: No, Section 353 CrPC applies only to public servants. It is not applicable to private citizens.
