CRPC-II

JUDGMENT – SECTIONS
392 – 406
SECTION 392 – PRONOUNCEMENT OF JUDGMENT
Section 392 lays down how a judgment must be pronounced in a criminal trial conducted by a court of
original jurisdiction.
Timing of Pronouncement
The judgment must be delivered immediately after the conclusion of the trial, or if that is not possible, then
within a maximum period of 45 days from the end of the trial. If the court decides to pronounce judgment
later, proper notice of the date must be given to all parties or their advocates.
Modes of Pronouncement
The court has three options for delivering the judgment:
 Clause (a): The judge can simply deliver the whole judgment aloud in open court.
 Clause (b): Alternatively, the judge may read out the entire judgment to those present.
 Clause (c): The judge may choose to read only the operative part of the judgment (i.e., the final
conclusion like conviction or acquittal), and then explain the reasoning or substance of the judgment
in a language understood by the accused or their advocate.
Procedure for Recording the Judgment
 If the judge follows clause (a) and delivers the full judgment, then it must be taken down in
shorthand. Once the transcript is prepared, the presiding officer must sign every page and write the
date of delivery on it.
 If the judge follows clause (b) or (c), then the judgment must be signed and dated in open court.
Again, every page must be signed if the judgment is typed or written by someone else.
Access to the Judgment
If only the operative part is read out under clause (c), the entire judgment or its copy must be given to the
parties or their lawyers immediately, free of cost. Furthermore, the law says that the court must upload the
judgment on its official portal within 7 days, to ensure transparency and easy access.
Presence of the Accused
 If the accused is in custody, they must be brought to court physically or via video conferencing to
hear the judgment.
 If the accused is out on bail or not in custody, then they must also be present in court for the
judgment—unless the court had previously excused their attendance and the final judgment is just a
fine or an acquittal.
  When there are multiple accused, and some of them are absent on the judgment day, the court can
still go ahead and pronounce the judgment for everyone to avoid unnecessary delay.
Effect of Absence or Notice Defects
The law clearly says that just because a party or lawyer is absent when the judgment is being pronounced, or
if there was some defect in serving notice, the judgment will not be considered invalid.
No Conflict with Section 511
Lastly, this section states that nothing here affects the wider powers of the court as mentioned in Section
511, which deals with general procedural powers of the court to ensure justice
(1) judgement cannot be reversed on account of error, omission, irregularity UNLESS a failure or justice has
been abandoned thereby
(2) failure or justice - amounting it must satisfy whether it could be raised in earlier stages of proceeding.

CASES
Anam Pradhan v. State
It may be noted that the prosecution is to prove its case and the falsity of defence cannot establish it. If the
other circumstances point unfailingly to the guilt of the accused, the falsity of defence can be considered as
an additional link. The prosecution case cannot be said to be proved as a result of failure of an accused
person to prove his plea of alibi. The Supreme Court has pointed out that while assessing the evidence given
by a witness the Magistrate or the judge should express his opinion in temperate language usually associated
with and reflecting the impersonal dignity of judicial restraint.
Naik v. State
Principles for Determining Guilt in a Criminal Trial
A criminal trial primarily concerns itself with determining whether the accused, arraigned before the court,
is guilty of the offence charged. A crime is an actual occurrence in real life, arising from the interplay of
various human emotions. In deciding guilt, the court must evaluate the evidence on the basis of probabilities,
its intrinsic worth, and the animus of witnesses.
Each case must be decided on its own facts. It is the plain and bounden duty of the court to analyse and
discuss the evidence in the judgment. Every piece of evidence must be independently assessed on its merits
before being accepted or rejected.

Credibility of Witnesses
The weight to be attached to a witness’s testimony depends on the surrounding circumstances and is not
necessarily linked to the witness’s social status.
 If a witness makes two inconsistent statements, whether at one stage or different stages, such
testimony becomes unreliable and unworthy of credence.
 In the absence of special circumstances, no conviction can be based solely on such inconsistent
evidence.

Test of Human Conduct

Evidence in consonance with probability and consistent with ordinary human conduct which fits with
other evidence should not be discarded without reason. Conversely, evidence contrary to natural human
conduct, however voluminous or forceful, cannot be accepted as it fails the acid test of reliability.

Burden of Proof and Defence

The prosecution must independently prove its case; the falsity of the defence does not establish the
prosecution case by itself. If the other circumstances point unfailingly to the guilt of the accused, the falsity
of the defence can serve as an additional link in the chain of evidence.
A prosecution case cannot be said to be proved merely because the accused fails to prove a plea of alibi.
Ramhit v. Emperor
Usually the judgment in a criminal case should commence with a statement of facts in respect of which the
accused person is charged. The judgment should indicate a careful analysis and appraisement of the
evidence while reaching the conclusions regarding the proof of facts.
It is the bounden duty of the Magistrate to produce judgment in a case coming before him which is self-
contained and which would show that he has intelligently applied his mind to the facts of the case and the
evidence led therein by the respective parties and a criticism of this evidence justifying the conclusion to
which the Magistrate feels persuaded to com
Anil Rai v. State of Bihar
Supreme Court has disapproved the undesirable practice of some judges delivering judgements after several
months since completion of hearing and has issued certain guidelines to be followed by the courts in India
till Parliament make measures to deal with the problem of delayed delivery of judgment. Further, the court
has correctly perceived it to be a violation of the speedy trial, a right enshrined in Article 21 of the
Constitution.
The expression "after the termination of the trial" in Section 353(1) only means after the entire evidence
both on behalf of the prosecution and on behalf of the defence is recorded and arguments are heard. It
cannot, however, be said that the trial of a criminal case comes to an end as soon as the evidence is recorded
and that the ultimate judgment pronounced in a case forms no part of a trial.
Iqbal Sodawala v. State of Mahrashtra
If the supply of copy of the judgment is inordinately delayed because of the delay in the preparation of the
transcript as mentioned in sub-section (2), the consequence would inevitably be that
The accused would not be able to file an appeal and obtain an order from the appellate court for his release
on bail within a reasonable time even though it be a fit case for his release on bail.
Secondly, another result of the above delay would be that a convicted person who is sentenced to undergo
imprisonment for a short period would undergo the entire sentence of imprisonment by the time the copy of
the judgment is supplied to him. The right of appeal for such a convicted person would be thus rendered
illusory even though he may have a good appealable case in appeal. The court stressed the necessity of
prompt and expeditious application.
Surendra Singh v. State of UP
In the pronouncement of a judgment, small irregularities in the manner or mode of delivery are not fatal.
What is essential is the substance — the judgment must contain a formal and clear intimation of the decision
and its contents, declared in a judicial manner in open court. This is the hard core requirement and cannot be
dispensed with. The decision must not be vague, nor left to inference or conjecture.
All other aspects — such as the manner of recording the judgment, the method of authentication, the signing
and sealing, and other procedural rules designed to ensure certainty — are curable defects under the law and
do not affect the validity of the judgment if the core requirement is satisfied.

SECTION 393 – LANGUAGE AND CONTENTS OF JUDGMENT; ORDER FOR

NOTIFYING ADDRESS OF CONVICT
The judgment referred to in Section 392 must always be written in the language of the Court. This ensures
that it is accessible, official, and in line with the procedural norms of the jurisdiction. However, if any
specific legal provision prescribes otherwise, that will take precedence.
The judgment must clearly outline three essential elements:
(1) the points for determination—that is, the core legal and factual questions the Court had to decide;
(2) the decision on each of those points; and
(3) the reasons for arriving at that decision. This structure ensures transparency and facilitates appeal
or review.
If the accused is found guilty, the Court is required to state in the judgment:
 the exact offence committed,
 the section of the Bharatiya Nyaya Sanhita, 2023 (or any other applicable law) under which the
offence falls, and
 the precise punishment awarded.
On the other hand, if the accused is acquitted, the judgment must clearly mention the offence of which the
accused is acquitted, and must issue a direction that the accused be set at liberty. This helps clarify the scope
of acquittal and protects the rights of the accused.
In situations where the facts of the case suggest that the offence may fall under two different sections or two
parts of the same section, and there is reasonable doubt about which is more appropriate, the Court must
record that doubt in the judgment. The Court should then deliver the judgment in the alternative, allowing
for clarity in legal interpretation and sentencing.
Where the offence is punishable with death or life imprisonment, the Court must explicitly state the reasons
for imposing the sentence. If the Court awards the death penalty, it must go a step further and record "special
reasons" justifying such an extreme sentence. This requirement ensures that the death penalty is not imposed
arbitrarily and is reserved for only the most heinous offences.
If an offence is punishable with imprisonment of one year or more, but the Court chooses to impose a
sentence of less than three months, the judgment must explain the reasons for reducing the sentence.
However, this obligation to record reasons does not apply in two exceptional cases: (i) where the sentence
awarded is merely till the rising of the Court, and (ii) where the case was tried summarily.
Whenever a person is sentenced to death, the operative portion of the order must state in clear terms that the
person is to be “hanged by the neck till he is dead.” This language is mandatory and must appear exactly as
prescribed.
In addition to judgments under Section 392, every final or procedural order made under Section 136
(security for keeping the peace), Section 157(2) (maintenance orders), or final orders under Sections 144,
164, or 166 must also be accompanied by reasons recorded in writing. This promotes judicial accountability
and helps ensure that orders affecting liberty or public rights are well justified.

S. 394. ORDERS FOR NOTIFYING ADDRESS OF REPEAT OFFENDERS

1. When Can a Convict Be Ordered to Notify Residence After Release?

If a person has already been convicted by a court in India for an offence punishable with three years or more
of imprisonment, and is again convicted for a similar offence (also punishable with at least three years’
imprisonment), then the second court (except a Magistrate of the second class) may issue an additional order
at the time of sentencing.

This order can require the person to notify their residence—and any change in or absence from that
residence—after their release from prison. This requirement can be imposed for a period not exceeding five
years starting after the sentence ends.

2. Applicability to Abetment, Attempt, and Conspiracy

The same rules mentioned above will also apply if the person is convicted for:
 Attempting to commit such offences,
 Abetting others to commit them, or
 Being part of a criminal conspiracy to commit them.

3. If Conviction Is Reversed

If the second conviction is overturned on appeal or by any other legal method, then the order requiring
notification of residence will automatically become void.

4. Orders by Appellate or Revisional Courts

Not just the trial court—even appellate courts (such as the High Court or the Court of Session using their
revisional powers) can pass such an order under this section, requiring the convict to notify their residence
after release.

5. Power of the State Government to Frame Rules

The State Government has the authority to make rules—through a notification—to enforce the residence-
notification requirements. These rules can specify how and when the convict should notify changes in their
residence or absences.

6. Punishment for Breaching Such Rules

The rules made by the State Government can also prescribe punishment if the released convict breaks any of
the rules. Such a person can be tried by a Magistrate who has the proper jurisdiction—specifically, in the
district where the convict last notified their residence.

S. 395 ORDER TO PAY COMPENSATION

1. When Can the Court Use the Fine Amount?
Under Section 395(1), when a court imposes:
 A sentence of fine, or
 A sentence (including death) where fine is part of the sentence,
then, at the time of passing the judgment, the Court may order that the whole or part of the recovered fine be
applied for specific purposes.
The Court may direct such recovered fine to be used in the following ways:
a) To Cover Prosecution Costs
The fine can be used to cover expenses properly incurred in conducting the prosecution. This is meant to
reimburse genuine costs borne by the prosecution side.
b) To Compensate Victim for Loss or Injury
The fine can also be used to compensate any person who suffered loss or injury due to the offence, if in the
opinion of the Court, such compensation could have been claimed in a Civil Court.
c) Compensation in Cases of Death
If the offence involves:
 Causing the death of a person, or
 Abetment of such an offence,
then the Court can direct compensation to those persons who are entitled under the Fatal Accidents Act,
1855 to claim damages for the loss caused by such death.
d) Compensation to Bona Fide Purchasers of Stolen Property
If a person is convicted of:
 Theft, criminal misappropriation, criminal breach of trust, cheating, or
 Dishonestly receiving or retaining stolen property, or
 Voluntarily assisting in disposing of stolen property knowing or having reason to believe it is stolen,
then the Court may compensate the bona fide purchaser of that stolen property if the property is returned to
the original owner.

2. When Can the Fine Be Disbursed?

As per Section 395(2), if the fine is imposed in a case which is subject to appeal,
→ No payment out of the fine (whether for compensation or costs) can be made:
 Before the time to file the appeal has passed, or
 If an appeal is filed, before it is decided.
This protects the rights of the accused and avoids premature disbursal of money.

3. Power to Order Compensation Even Without Fine

Under Section 395(3), even if the sentence does not include a fine,
→ The Court can still order the accused to pay compensation to any person who suffered loss or injury due
to the act for which the accused is sentenced.
This ensures that victim compensation is not tied only to fines.

4. Higher Courts Can Also Order Compensation

According to Section 395(4), this power to order compensation is not limited to trial courts.
→ It can also be exercised by:
 An Appellate Court,
 The High Court, or
  A Court of Session when they use revision powers.

5. Compensation in Subsequent Civil Suits

Under Section 395(5), if a person later files a civil suit for compensation based on the same incident,
→ The Civil Court must take into account the amount already paid or recovered as compensation under this
section.

Cases
Hari Singh v. Sukhbir Singh
In awarding compensation, the court should not first consider what compensation ought to be awarded to the
heirs of the deceased and then impose a fine which is higher than the compensation. It is the duty of the
court to take into account the nature of the crime, the injury suffered, the justness of the claim for
compensation, the capacity of the accused to pay and other relevant circumstances in fixing the amount of
fine or compensation.

Guruswamy v. State of T.N.

The Supreme Court has urged the courts to exercise the power under Section 357 liberally. It has also been
held that if there are more than one accused, they may be asked to pay in equal terms unless their capacity to
pay varies. The payments may also vary depending upon the acts of each accused. The court has also opined
that reasonable period for payment of compensation, if necessary by instalments, can be given. The court
may enforce the order by imposing sentence in default. It is only appropriate to direct payment of
compensation to the dependants of the victim by the accused who has the capacity to pay. In case of murder,
it is only fair that proper compensation should be provided for the dependants of the deceased.

S.396 VICTIM COMPENSATION SCHEME

(1) State and Central Government Coordination
Every State Government, in coordination with the Central Government, shall prepare a scheme for providing
funds for compensation to the victim or their dependents who have suffered loss or injury due to a crime and
who require rehabilitation.

(2) Role of Legal Services Authority

Whenever a recommendation for compensation is made by the Court, the District Legal Services Authority
or the State Legal Services Authority, as applicable, shall decide the quantum of compensation to be
awarded under the scheme referred to in sub-section (1).

(3) Inadequate Compensation or Acquittal/Discharge

If the trial Court, at the conclusion of the trial, is satisfied that the compensation awarded under Section 395
is not adequate for rehabilitation, or where the case ends in acquittal or discharge and the victim still needs
rehabilitation, the Court may recommend compensation.

(4) Cases Where Offender Is Not Identified

Where the offender is not traced or identified, but the victim is identified, and no trial takes place, the victim
or their dependents may apply to the State or District Legal Services Authority for compensation.

(5) Time-bound Enquiry and Award

Upon receiving such recommendation or application under sub-section (4), the Legal Services Authority
shall conduct due enquiry and award adequate compensation within two months.

(6) Emergency Relief Measures

To alleviate the suffering of the victim, the Legal Services Authority may order immediate first-aid or
medical benefits free of cost, based on a certificate from a police officer not below the rank of the officer in
charge of the police station, a Magistrate of the concerned area, or provide any other interim relief deemed
appropriate.

(7) Additional to Other Compensation

The compensation payable by the State Government under this section shall be in addition to any payment
of fine to the victim under Section 65, Section 70, and sub-section (1) of Section 124 of the Bharatiya Nyaya
Sanhita, 2023.

Hari Krishan and State of Haryana v. Sikhbir Singh

This power was intended to do something to reassure the victim that he or she is not forgotten in the criminal
justice system. It is a measure of responding appropriately to crime as well of reconciling the victim with the
offender. It is, to some extent, a constructive approach to crimes. It is indeed a step forward in our criminal
justice system. We, therefore, recommend to all Courts to exercise this power liberally so as to meet the ends
of justice in a better way."

Suresh v. State of Haryana

We are of the view that it is the duty of the Courts, on taking cognizance of a criminal offence, to ascertain
whether there is tangible material to show commission of crime, whether the victim is identifiable and
whether the victim of crime needs immediate financial relief. On being satisfied on an application or on its
own motion, the Court ought to direct grant of interim compensation, subject to final compensation being
determined later. Such duty continues at every stage of a criminal case where compensation ought to be
given and has not been given, irrespective of the application by the victim. At the stage of final hearing it is
obligatory on the part of the Court to advert to the provision and record a finding whether a case for grant of
compensation has been made out and, if so, who is entitled to compensation and how much. Award of such
compensation can be interim. Gravity of offence and need of victim are some of the guiding factors to be
kept in mind, apart from such other factors as may be found relevant in the facts and circumstances of an
individual case

Maru Ram & Ors. Vs Union of India.

Victimology must find fulfillment not through barbarity but by compulsory recoupment by the wrongdoer of
the damage inflicted, not by giving more pain to the offender but by lessening the loss of the forlorn

The Supreme Court has directed all the States and Union territories to make all endeavours to formulate an
uniform scheme for providing the compensation in respect of rape/sexual exploitation with the physical
handicapped women as required under the law, taking into consideration the scheme framed by the State of
Goa for rape victim compensation. Where the Supreme Court found that its earlier orders in Laxmi v. Union
of India to fix a minimum of Rs 3 lakhs as compensation to each acid attack victim has not been followed,
the Member Secretaries of the Legal Services Authorities were asked to take up the issue

Nipun Saxena And Another Vs. Union of India

directed NALSA to set up a committee and to prepare a model victim compensation scheme for survivors of
sexual offences and Acid attacks. And accordingly the above scheme was prepared. The Hon’ble Supreme
Court observed that, while nothing should be taken away from the scheme, but it does not preclude the state
Governments and Union Territories administrations from adding to the scheme.

The Hon’ble State Legal Services Authority/District Legal Services Authority may take into consideration
the following factors while awarding compensation:
 Gravity of the offence and severity of mental or physical harm or injury suffered by the victim;
  Expenditure incurred or likely to be incurred on the medical treatment for physical and/or mental
health including counselling of the victim, funeral, travelling during investigation/ inquiry/ trial;
 Loss of educational opportunity as a consequence of the offence, including absence from
school/college due to mental trauma, bodily injury, medical treatment, investigation and trial of the
offence, or any other reason;
 Loss of employment as a result of the offence, including absence from place of employment due to
mental trauma, bodily injury, medical treatment, investigation and trial of the offence, or any other
reason;
 The relationship of the victim to the offender, if any;
 Whether the abuse was a single isolated incidence or whether the abuse took place over a period of
time;
 Whether victim became pregnant as a result of the offence, whether she had to undergo Medical
Termination of Pregnancy (MTP)/ gave birth to a child, including rehabilitation needs of such
child;
 Whether the victim contracted a sexually transmitted disease (STD) as a result of the offence;
 Whether the victim contracted human immunodeficiency virus (HIV) as a result of the offence;
 Any disability suffered by the victim as a result of the offence;
 Financial condition of the victim.
 In case of death, the age of deceased, her monthly income, number of dependents, life expectancy,
future promotional/growth prospects etc.
 Or any other factor which the authority may consider just and sufficient.

3. Nilabati Behera v. State of Orissa (1993) 2 SCC 746

Facts: The petitioner’s son died in police custody.
Held: The SC awarded ₹1,50,000 compensation to the mother.
Principle: Compensation is a constitutional remedy under public law, separate from private law remedies
like tort claims.
Importance: Strengthened the concept that Article 21 violations mandate State liability and compensation,
irrespective of criminal conviction of the accused.

4. Delhi Domestic Working Women’s Forum v. Union of India (1995) 1 SCC 14

Facts: Concerned the plight of rape victims facing procedural hardships.
Held: The SC directed that rape victims be provided legal assistance, anonymity, and immediate interim
compensation.
Principle: Victim compensation is part of rehabilitation and dignity restoration under Article 21.
Importance: Laid groundwork for statutory provisions like Section 357A CrPC.

Bilkis Bano Case and Victim Compensation

The Bilkis Bano case stands as a landmark in the recognition of victim compensation under Indian law. In
2002, during the Gujarat riots, Bilkis Bano, then pregnant, was brutally gang-raped and her family members
were murdered. Following years of legal battle, the Supreme Court not only upheld the conviction of the
accused but also addressed the issue of rehabilitation and compensation for the victim. In 2019, the Court
directed the Gujarat government to pay Bilkis ₹50 lakh as compensation, provide a government job, and
arrange for a house — a move that underscored the state’s duty to provide restorative justice under Section
357A of the CrPC and the Victim Compensation Scheme

S. 399 COMPENSATION TO PERSONS GROUNDLESSLY ARRESTED

Section 399 – Compensation for Causing Unjustified Arrest
(1) If a person causes a police officer to arrest another person, and the Magistrate hearing the case finds that
there was no sufficient ground for such arrest, the Magistrate may award compensation to the person who
was wrongly arrested.
The compensation amount shall not exceed one thousand rupees, and it will be paid by the person who
caused the arrest. This compensation is meant to cover the loss of time and expenses suffered by the arrested
person, as the Magistrate considers appropriate.
(2) If more than one person was arrested in such a case, the Magistrate may similarly award up to one
thousand rupees compensation to each of them, as deemed fit.
(3) Any compensation awarded under this section shall be recovered in the same manner as a fine.
If the compensation cannot be recovered, the person liable to pay it shall be sentenced to simple
imprisonment for a term not exceeding thirty days, unless the amount is paid earlier.

SECTION 400 – COMPENSATION TO COMPLAINANT IN NON-COGNIZABLE

OFFENCES
(1) When a complaint is made to a Court regarding a non-cognizable offence, and the accused is convicted,
the Court may, in addition to any punishment, order the accused to pay compensation to the
complainant.
This compensation may cover all or part of the costs incurred by the complainant during the prosecution.
These costs may include:
 Process fees
 Expenses of witnesses
 Advocate’s fees
The Court shall determine what amount is reasonable.
If the accused fails to pay, the Court may order simple imprisonment for a term not exceeding thirty
days.
(2) An order for compensation under this section can also be passed by:
 an Appellate Court,
 the High Court, or
 the Court of Session, when they are exercising revision powers.

SECTION 401 – RELEASE ON PROBATION OF GOOD CONDUCT OR AFTER

ADMONITION
(1) Conditional Release on Probation (without sentence being imposed):
Where a person is found guilty of having committed an offence—
 Not punishable with death or life imprisonment, and
 The person is under 21 years of age or is a woman, and
 The Court is satisfied that considering the age, character, antecedents or circumstances, it is
expedient to release the offender on probation rather than sentence them, then the Court may, without
passing a sentence, release the offender on their executing a bond with or without sureties, requiring
them to maintain good behaviour for a term not exceeding three years.
 Condition: The offender must not have been previously convicted of any offence.
(2) Release on Probation for Adults (Above 21 years):
Where the offender is above 21 years of age, and convicted of an offence punishable with fine or
imprisonment not exceeding 7 years, the Court may similarly release them on probation without sentencing,
after recording special reasons in writing and subject to their executing a bond for good behaviour.
(3) Referral by Magistrate of Second Class:
If a Magistrate of the Second Class believes such release should be granted, they must submit the
proceedings to a Magistrate of the First Class, who may pass appropriate orders under this section.
(4) Release After Admonition:
Where a person is found guilty of committing any offence under:
 Sections 447, 448, 451, 453, 454, 456, 457, 379, 380, 381, 417, 418, 419, 420, 489A, or 489B of the
Bharatiya Nyaya Sanhita, 2023, or
  Any other offence punishable with imprisonment up to 2 years, or with fine only, or with both,
and the person has no previous conviction, the Court may, having regard to the character, age, or
trivial nature of the offence, and circumstances, release the offender after due admonition, instead of
sentencing them.
(5) Power of Appellate and Revisional Courts: The powers conferred under this section may also be
exercised by the:
 Appellate Court, or
 High Court or Court of Session in exercise of their revisionary jurisdiction, either to pass an order of
probation or admonition or to set aside such order and impose appropriate sentence.
(6) Consideration of Employment and Residence: Before granting release under this section, the Court
shall ensure that the offender is either:
 Regularly employed, or
 Has a fixed place of residence.
(7) Breach of Probation Conditions:
If the offender violates the bond conditions, the Court may:
 Issue a warrant for arrest, and
 After giving the person an opportunity to be heard, sentence them according to law for the original
offence.
(8) Applicability of Other Acts Unaffected:
Nothing in this section shall affect the provisions of:
 The Probation of Offenders Act, 1958, or
 The Juvenile Justice (Care and Protection of Children) Act, 2015.

402. Where in any case the Court could have dealt with,— (a) an accused person under section 401 or
under the provisions of the Probation of Offenders Act, 1958; or (b) a youthful offender under the Juvenile
Justice (Care and Protection of Children) Act, 2015 or any other law for the time being in force for the
treatment, training or rehabilitation of youthful offenders, but has not done so, it shall record in its judgment
the special reasons for not having done so.

Cases

Ibrahim v. State
The section is intended to be used to prevent young persons from being committed to jail, where they may
associate with hardened criminals, who may lead them further along the path of crime, and to help even men
of more mature years, who for the first time may have committed crimes through ignorance, or inadvertence
or the bad influence of others and who, but for such lapses, might be expected to be good citizens. It is not
intended that this section should be applied to experienced men of the world who deliberately flout the law
and commit offences. It is interesting to see how the courts in India have been applying Section 360 of the
Code and the provisions of the Probation of Offenders Act

Ramji Missar v. State of Bihar

 A four-judge Bench of the Supreme Court held that the age of the offender is relevant not for
determining guilt, but for deciding the sentence to be imposed after conviction. The object of the
Probation of Offenders Act, 1958 is to prevent youthful offenders from becoming hardened criminals
by avoiding their association with mature offenders inside prison. Instead of imposing normal
punishment, the law seeks to reform and rehabilitate such offenders through supervision and
guidance.
 Section 6(1) of the Act specifically provides that when dealing with a youthful offender, the court
must choose between two alternatives – either sentence him to imprisonment or extend the benefit of
probation. At the stage of sentencing, the age of the offender becomes crucial in deciding whether to
grant probation.
  A key issue before the Court was: Should the age be reckoned at the date of the trial court’s
judgment, or at the date when the offender becomes entitled to claim probation (for example, before
an appellate court)? The Supreme Court ruled that the relevant date is when the trial court first deals
with the offender, since an appellate order is considered the correct order that the trial court should
have passed in the first place.
 The Court further clarified that the “courts” mentioned in Section 6(1) include not only trial courts
but also appellate courts and revisional courts, which can exercise powers under Sections 3, 4, and 6
of the Act. Thus, appellate courts also have jurisdiction to grant the benefit of probation if the
offender satisfies the age requirement as on the date the trial court dealt with the case.

Satar Masiah v. State

The “special reasons” contemplated by Section 361 must be such as to compel the court to hold that it is
impossible to reform and rehabilitate the offender after examining the matter with due regard to the age,
character and antecedents of the offender and the circumstances in which the offence was committed. This is
some indication by the legislature that reformation and rehabilitation of offenders and not mere deterrence
are now among the foremost objects of the administration of criminal justice in our country. The personality
of the offender as revealed by his age, character, antecedents and other circumstances and the tractability of
the offender to reform must necessarily play the most prominent role in determining the sentence to be
awarded. Special reasons must have some relation to these factors.

SECTION 404 – RIGHT TO COPY OF JUDGMENT AND RELATED PROVISIONS

(1) Free Copy to Accused on Conviction

When an accused is sentenced to imprisonment, a copy of the judgment shall be given to him immediately
after pronouncement, free of cost.

(2) Certified or Translated Copy on Request

On application by the accused, a certified copy of the judgment shall be given to him without delay. If the
accused so desires, a translation in his own language (if practicable), or in the language of the Court, shall
also be provided. This copy shall be given free of cost in every case where the judgment is appealable by the
accused.
Proviso: Where a sentence of death is passed or confirmed by the High Court, a certified copy of the
judgment shall be immediately given to the accused free of cost, regardless of whether he applies for it.

(3) Application to Section 136 Orders

The provisions of sub-section (2) apply similarly to orders under Section 136, if such orders are appealable
by the accused.

(4) Duty to Inform About Appeal in Death Sentence Cases

When the accused is sentenced to death by any Court, and an appeal lies as of right, the Court shall inform
the accused of the period within which he must prefer an appeal, if he wishes to do so.

(5) Right to Copy for Other Affected Persons

Any person affected by a judgment or order passed by a Criminal Court may apply for a copy of such
judgment, order, deposition, or other record. Upon payment of the prescribed charges, the copy shall be
given to him.
First Proviso: The Court may, for special reasons, grant such copy free of cost.
Second Proviso: On application by the Prosecuting Officer, the Court may provide the Government with a
certified copy of the judgment, order, deposition, or record free of cost.

(6) Copies to Unaffected Third Parties

The High Court may make rules providing for copies of any judgment or order of a Criminal Court to be
given to persons not affected by the case, upon payment of fees and subject to conditions as laid down in
such rules.

SUBMISSION OF DEATH
SENTENCES FOR CONFIRMATION
[S. 407-412]
Section 407 – Submission of Death Sentence for Confirmation

When a Court of Session passes a sentence of death, it must immediately submit the entire proceedings to
the High Court. The death sentence shall not be carried out unless and until it is confirmed by the High
Court. The Court which passes the sentence must, in the meantime, commit the convicted person to jail
custody under a warrant.

Section 408 – Further Inquiry or Evidence by High Court

When the High Court receives the case for confirmation, and it considers that further inquiry is required or
additional evidence should be taken on any point related to the guilt or innocence of the accused, it may
either conduct the inquiry or record the evidence itself, or direct the Court of Session to do so. Unless
otherwise directed by the High Court, the personal presence of the convicted person may be dispensed with
during such inquiry or evidence recording. If the High Court does not conduct the inquiry or take the
evidence itself, the outcome of such proceedings shall be certified and submitted to the High Court.

Section 409 – Powers of the High Court Upon Reference

In a case submitted under Section 407, the High Court may either confirm the sentence or pass any other
sentence permitted by law. It may annul the conviction and either convict the accused for another offence
that the Court of Session could have convicted him for, or order a new trial on the same or a modified
charge. Alternatively, it may acquit the accused. However, no order of confirmation shall be made unless the
time for filing an appeal has expired, or, if an appeal has been filed within that period, until the appeal is
disposed of.

Section 410 – Requirement of Multiple Judges for Confirmation

In every case submitted for confirmation, where the High Court bench comprises two or more Judges, the
confirmation of the sentence or any substituted sentence or order must be made and signed by at least two of
them.

Section 411 – Procedure When Judges Differ

If the case is heard by a Bench and the Judges are equally divided in opinion, the matter shall be decided in
accordance with the procedure laid down under Section 433.

Section 412 – Communication of Confirmation Order

Once the High Court makes an order of confirmation or any other order in a case referred under Section 407,
the proper officer of the High Court shall, without delay, send a copy of such order—either physically or by
electronic means—under the seal of the High Court and attested by his official signature, to the Court of
Session.

CASES

Bachan Singh v. State of Punjab

 When reading Sections 354(3) and 235(2) of the Code of Criminal Procedure, 1973, along with
related provisions, it is clear that when deciding punishment or determining the presence or absence
of special reasons, the Court must give due consideration to both the crime and the criminal.
 The relative weight to be assigned to aggravating factors (which make the offence more serious) and
mitigating factors (which reduce the offender’s blameworthiness) depends entirely on the facts and
circumstances of each case.
 Often, these two aspects are so closely connected that they cannot be treated separately. This is
because, as the saying goes, “style is the man” — the manner in which a crime is committed often
reflects the character of the offender.
 In many cases, the extremely cruel or beastly manner of committing a murder is itself strong
evidence of the depraved character of the perpetrator. Therefore, it is not advisable to put the
circumstances of the crime and the circumstances of the criminal into two watertight compartments.
 While all murders involve cruelty, the degree of cruelty may differ. Only when the cruelty reaches
the level of extreme depravity can it be said that special reasons exist to justify the harsher penalty.

Balwant Singh v. State of Punjab

The Supreme Court has held that the scope and meaning of mitigating factors in death penalty cases must be
given a liberal and broad interpretation by the courts, in line with the sentencing policy laid down in Section
354(3) of the Criminal Procedure Code. The Court emphasised that the death penalty should be awarded
only in the rarest of rare cases, and only when the alternative punishment is clearly ruled out.

Mofil Khan v. State of Jharkhand

It is not possible to prepare an exhaustive list of “special reasons” which may justify the death sentence in a
particular case. However, certain examples can be indicated. These include:
 when the crime is committed by a professional or hardened criminal;
 when the act is carried out in a brutal or gruesome manner;
 when the victim is a helpless child, woman, or similar vulnerable person;
 or in cases of comparable extreme circumstances.

Union of India v. V. Sriharan

A special category of sentence, instead of death, can be substituted by the punishment of imprisonment for
life or for a term exceeding years and that category be put beyond the application of remission. It has been
described as the adoption of the view of “expanded option”, see the maximum and within the expanded
option of the minimum, grant of remission does not come in after expiry of 14 years.

Shatrughan Chauhan v. Union of India

Supreme Court identified 11 non-exhaustive factors to be considered for commuting death sentence to
imprisonment for life:

1. undue inordinate, unreasonable and unexplained delay in disposal of mercy petition;

2. mental illness/trauma due to delay in disposal of mercy petition;
3. non-receipt of written official communication from President/Governor regarding rejection of mercy
petition;
 4. solitary confinement or single cell confinement prior to rejection of mercy petition;
5. lack of legal aid during trial and afterwards;
6. in limine dismissal of SLPs of death convicts;
7. age of convict;
8. non-application of mind by Minister concerned to relevant rights of death convicts while referring
matter to President for rejection of mercy petition;
9. interval between date of execution and intimation to prisoner of the same;
10. rejection of advice tendered to President/Governor; and
11. good conduct.

Dhananjoy Chatterjee v. State of W.B.

In recent years, the rising crime rate, particularly violent crimes against women, has made criminal
sentencing a matter of serious concern. There are clear disparities—some offenders receive extremely harsh
sentences, while others get significantly lighter punishments for essentially the same crime, and a large
number even go unpunished. This situation encourages criminals and weakens public confidence in the
justice system.

The measure of punishment in a case must depend on:

 the atrocity of the crime,

 the conduct of the criminal, and

 the defenceless or unprotected state of the victim.

The Court applied the principle of proportionality—also called the doctrine of just deserts—which forms the
foundation of every fair and just sentence. This means the punishment must be proportionate to the gravity
of the crime. Under Indian criminal jurisprudence, this principle guides sentencing policy, and the Court is
bound to record sufficient reasons when deciding the quantum of punishment.

Society has a reasonable expectation that deterrent punishments be awarded, matching the seriousness of the
offence. If a crime is brutal and shocks the collective conscience of the community, sympathy towards the
offender would be misplaced, as it would shake public confidence in the administration of criminal justice.

State of T.N. v. Rajendran

Supreme Court has reiterated that proceedings upon reference under Section 366 before the High Court in
fact are a continuation of the trial on the same evidence or additional evidence. Therefore, it is the duty of
the High Court to re-appraise the entire evidence and consider the proceedings in all their aspects and then
come to an independent conclusion on the merits of the case.

JUVENILE JUSTICE ACT,

2016