Section 354 CrPC: Language and contents of judgment

What Section 354 CrPC Says

354. Language and contents of judgment

(1) Except as otherwise expressly provided by this Code, every judgment referred to in section 353,—

(a) shall be written in the language of the Court;

(b) shall contain the point or points for determination, the decision thereon and the reasons for the decision;

(c) shall specify the offence (if any) of which, and the section of the Indian Penal Code (45 of 1860) or other law under which, the accused is convicted, and the punishment to which he is sentenced;

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

(2) When the conviction is under the Indian Penal Code (45 of 1860) 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.

(3) When the conviction is for an offence punishable with death or, in the alternative, with imprisonment for life or imprisonment for a term of years, the judgment shall state the reasons for the sentence awarded, and, in the case of sentence of death, the special reasons for such sentence.

(4) When the conviction is for an offence punishable with imprisonment for a term of one year or more, but the Court imposes a sentence of imprisonment for a term of less than three months, it shall record its reasons for awarding such sentence, unless the sentence is one of imprisonment till the rising of the Court or unless the case was tried summarily under the provisions of this Code.

(5) When any person is sentenced to death, the sentence shall direct that he be hanged by the neck till he is dead.

(6) Every order under section 117 or sub-section (2) of section 138 and every final order made under section 125, section 145 or section 147 shall contain the point or points for determination, the decision thereon and the reasons for the decision.

Source: Section 354, Code of Criminal Procedure, 1973

Section 354 CrPC in Simple Words

When Section 354 CrPC Applies

• Every judgment referred to in Section 353 CrPC shall be written in the language of the Court and shall contain the point or points for determination, the decision thereon and the reasons for the decision, except as otherwise expressly provided by the Code, under Section 354(1) CrPC.
• A judgment of conviction shall specify the offence, if any, of which the accused is convicted, the section of the Indian Penal Code or other law under which the accused is convicted, and the punishment to which the accused is sentenced, under Section 354(1)(c) CrPC.
• A judgment of acquittal shall state the offence of which the accused is acquitted and direct that the accused be set at liberty, under Section 354(1)(d) CrPC.
• 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, under Section 354(2) CrPC.
• When the conviction is for an offence punishable with death or, in the alternative, with imprisonment for life or imprisonment for a term of years, the judgment shall state the reasons for the sentence awarded, and, in the case of sentence of death, the special reasons for such sentence, under Section 354(3) CrPC.
• When any person is sentenced to death, the sentence shall direct that the person be hanged by the neck till he is dead, under Section 354(5) CrPC.
• When the conviction is for an offence punishable with imprisonment for a term of one year or more, but the Court imposes a sentence of imprisonment for a term of less than three months, the Court shall record its reasons for awarding such sentence, under Section 354(4) CrPC.
• Every order under Section 117 CrPC or Section 138(2) CrPC, and every final order made under Section 125 CrPC, Section 145 CrPC or Section 147 CrPC, shall contain the point or points for determination, the decision thereon and the reasons for the decision, under Section 354(6) CrPC.

Example of Section 354 CrPC

When Section 354 CrPC Does Not Apply

• Section 354(5) CrPC speaks of the direction in a sentence of death that the person be hanged by the neck till he is dead. It does not deal with the submission of a sentence of death by the Court of Session for confirmation, which is the subject of Section 366 CrPC.
• Section 354 CrPC speaks of the contents of a judgment. It does not deal with a copy of the judgment to be given to the accused and other persons, which is the subject of Section 363 CrPC.
• Section 354(1) CrPC speaks of the language of the Court in which a judgment is written. It does not deal with the translation of a judgment, which is the subject of Section 364 CrPC.

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