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367. Language of judgement, Contents of judgment

5 judgments cite this provision SC

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(1) Every such judgment shall, except as otherwise expressly provided by this Code, be written by the presiding officer of the Court [or from the dictation of such presiding officer] in the language of the Court, or in English; and shall contain the point or points for determination, the decision thereon and the reasons for the decision; and shall be dated and signed by the presiding officer in open Court at the time of pronouncing it [and where it is not written by the presiding officer with his own hand, every page of such judgment shall be signed by him.]

(2) It shall specify the offence (if any) of which, and the section of the Indian Penal Code or other law under which, the accused is convicted, and the punishment to which he is sentenced. Judgment in alternative.

(3) When the conviction is under the Indian Penal Code and it is doubtful under which of two sections or under which of two parts of the same section, of that Code the offence falls, the Court shall distinctly express the same, and pass judgment in the alternative.

(4) If it be a judgment of acquittal, it shall state the offence of which the accused is acquitted and direct that he be set at liberty.

(5) In trials by jury, the Court need not writ a judgment, but the Court of Session shall record the heads of the charge to the jury;

Provided that it shall no be necessary to record such heads of the charge in case where the charge has been delivered in English and taken down in short hand.]

(6) For the purposes of this section, an order under Section 118 or Section 128, sub-section (3), shall be deemed to be a judgement.