Magisterial Judgments and How to Write Them
By
Hon’ble Mr. Justice P. N. Ramaswami
The only point of substance often urged in the High Court in Criminal Appeals and in Criminal Revision Cases is that the judgment of the Magistrate is not in conformity with the requirements of the Criminal Procedure Code.
This plea has become so familiar and nay fashionable that it is worthwhile to examine what are the real requirements of the judgment of a Magistrate.
The Criminal Procedure Code lays down that a judgment should contain :
The points for decision;
the decision; and
the reasons for the decision.
It shall specify the offence of which and the section under which the accused is convicted and the punishment to which he is sentenced. How judgment in the alternative and judgments of acquittal should be framed are particularised in section 367 (3) and (4) of the Criminal Procedure Code.
The judgment should be dated and signed by the presiding o ....