Section 363 CrPC: Copy of Judgment to Accused and Others – Indian Criminal Procedure Code

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Section 363 CrPC: Copy of Judgment to Accused and Others

1. State the code

Section 363 of the Code of Criminal Procedure, 1973 (CrPC) deals with the provision of a copy of the judgment to the accused and other concerned parties.

2. Explain it

This section mandates that once a judgment is delivered in a criminal case, the court must provide a copy of the judgment to:

  • The accused person
  • The prosecution
  • Any other person who has been made a party to the proceedings

The court must ensure that the copy of the judgment is provided within a reasonable time after the delivery of the judgment. The section emphasizes the importance of transparency and fairness in the criminal justice system by providing all stakeholders with access to the final outcome of the case.

3. Illustrate it

Imagine a case where ‘X’ is accused of theft. After the trial, the court delivers a judgment finding ‘X’ guilty and sentencing him to imprisonment. In this case, under Section 363 CrPC, the court would be obligated to provide a copy of the judgment to:

  • X, the accused
  • The prosecution, who represented the state in the case

4. Common Questions and Answers

Q: What if the accused is unable to afford the cost of the copy?
A: Section 363 allows the court to provide a copy of the judgment free of cost if the accused is unable to afford it.

Q: Can the accused be denied a copy of the judgment?
A: Generally, no. The accused has a right to a copy of the judgment. However, in exceptional circumstances, if the court deems it necessary for reasons of security or public order, it can withhold the copy for a limited period.

Also Read  Section 303 CrPC: Right to Defense in Criminal Proceedings

Q: How can a person appeal a judgment if they don’t have a copy?
A: Access to a copy of the judgment is crucial for filing an appeal. The court should provide a copy to the accused to enable them to exercise their right to appeal.

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