Judgment and Orders

Ankit Kaushik,
Assistant Professor of Law
Judgments and Orders
353. Judgment.
354. Language and contents of judgment.
355. Metropolitan Magistrate's judgment.
356. Order for notifying address of previously convicted offender.
357. Order to pay compensation.
357A. Victim compensation scheme.
357B. Compensation to be in addition to fine under section 326A or section 376D
of Indian Penal Code.
357C. Treatment of victims.
358. Compensation to persons groundlessly arrested.
359. Order to pay costs in non-cognizable cases.
360. Order to release on probation of good conduct or after admonition.
361. Special reasons to be recorded in certain cases.
362. Court not to alter judgment.
363. Copy of judgment to be given to the accused and other persons.
364. Judgment when to be translated.
365. Court of Session to send copy of finding and sentence to District Magistrate.
 Orders – Section 356
356. Order for notifying address of previously convicted offender.—(1) When any person,
having been convicted by a Court in India of an offence punishable under section 215, section
489A, section 489B, section 489C or section 489D 1[or section 506 (in so far as it relates to
criminal intimidation punishable with imprisonment for a term which may extend to seven years,
or with fine, or with both)] of the Indian Penal Code (45 of 1860), or of any offence punishable
under Chapter XII 1[or Chapter XVI] or Chapter XVII of that Code, with imprisonment for a
term of three years, or upwards, is again convicted of any offence punishable under any of
those sections or Chapters with imprisonment for a term of three years or upwards by any
Court other than that of a Magistrate of the second class, such Court may, if it thinks fit, at
the time of passing a sentence of imprisonment on such person, also order that his residence
and any change of, or absence from, such residence after release be notified as hereinafter
provided for a term not exceeding five years from the date of the expiration of such sentence.
(2) The provisions of sub-section (1) with reference to the offences named therein, apply also to
criminal conspiracies to commit such offences and to the abatement of such offences and attempts
to commit them.
(3) If such conviction is set aside on appeal or otherwise, such order shall become void.
(4) An order under this section may also be made by an Appellate Court or by the High Court or
Court of Session when exercising its powers of revision.
(5) The State Government may, by notification, make rules to carry out the provisions of this
section relating to the notification of residence or change of, or absence from, residence by
released convicts.
Register Format
Register Format
Register Format
 Section 360
360. Order to release on probation of good conduct or after admonition.—(1) When
any person not under twenty-one years of age is convicted of an offence punishable with
fine only or with imprisonment for a term of seven years or less, or when any person under
twenty-one years of age or any woman is convicted of an offence not punishable with death
or imprisonment for life, and no previous conviction is proved against the offender, if it
appears to the Court before which he is convicted, regard being had to the age, character or
antecedents of the offender, and to the circumstances in which the offence was committed,
that it is expedient that the offender should be released on probation of good conduct,
the Court may, instead of sentencing him at once to any punishment, direct that he be
released on his entering into a bond, with or without sureties, to appear and receive
sentence when called upon during such period (not exceeding three years) as the Court may
direct, and in the meantime to keep the peace and be of good behaviour:
Provided that where any first offender is convicted by a Magistrate of the second class not
specially empowered by the High Court, and the Magistrate is of opinion that the powers
conferred by this section should be exercised, he shall record his opinion to that effect, and
submit the proceedings to a Magistrate of the first class, forwarding the accused to, or
taking bail for his appearance before, such Magistrate, who shall dispose of the case in the
manner provided by sub-section (2).
Section 360
(3) In any case in which a person is convicted of theft,
theft in a building, dishonest misappropriation, cheating
or any offence under the Indian Penal Code (45 of 1860),
punishable with not more than two years, imprisonment
or any offence punishable with fine only and no previous
conviction is proved against him, the Court before which
he is so convicted may, if it thinks fit, having regard to
the age, character, antecedents or physical or mental
condition of the offender and to the trivial nature of the
offence or any extenuating circumstances under which
the offence was committed, instead of sentencing him to
any punishment, release him after due admonition.
Probation of Offenders Act, 1958
Section 3: Power of court to release certain offenders after admonition.
—When any person is found guilty of having committed an offence
punishable under section 379 or section 380 or section 381 or section 404 or
section 420 of the Indian Penal Code, (45 of 1860) or any offence punishable
with imprisonment for not more than two years, or with fine, or with both,
under the Indian Penal Code or any other law, and no previous conviction is
proved against him and the court by which the person is found guilty is
of opinion that, having regard to the circumstances of the case including
the nature of the offence, and the character of the offender, it is expedient
so to do, then, notwithstanding anything contained in any other law for
the time being in force, the court may, instead of sentencing him to any
punishment or releasing him on probation of good conduct under section
4, release him after due admonition.
Explanation.—For the purposes of this section, previous conviction against a
person shall include any previous order made against him under this section or
section 4
Probation of Offenders Act, 1958
4. Power of court to release certain offenders on probation of good conduct.—(1)
When any person is found guilty of having committed an offence not punishable
with death or imprisonment for life and the court by which the person is found guilty
is of opinion that, having regard to the circumstances of the case including the nature of
the offence and the character of the offender, it is expedient to release him on
probation of good conduct, then, notwithstanding anything contained in any other
law for the time being in force, the court may, instead of sentencing him at once to any
punishment direct that he be released on his entering into a bond, with or without
sureties, to appear and receive sentence when called upon during such period, not
exceeding three years, as the court may direct, and in the meantime to keep the peace
and be of good behaviour:
Provided that the court shall not direct such release of an offender unless it is satisfied
that the offender or his surety, if any, has a fixed place of abode or regular occupation in
the place over which the court exercises jurisdiction or in which the offender is likely to
live during the period for which he enters into the bond.
(2) Before making any order under sub-section (1), the court shall take into
consideration the report, if any, of the probation officer concerned in relation to the
case.
Section 360
(7) The Court, before directing the release of an offender under sub-section (1), shall
be satisfied that an offender or his surety (if any) has a fixed place of abode or
regular occupation in the place for which the Court acts or in which the offender
is likely to live during the period named for the observance of the conditions.
(8) If the Court which convicted the offender, or a Court which could have dealt with
the offender in respect of his original offence, is satisfied that the offender has
failed to observe any of the conditions of his recognizance, it may issue a
warrant for his apprehension.
(9) An offender, when apprehended on any such warrant, shall be brought forthwith
before the Court issuing the warrant, and such Court may either remand him in
custody until the case is heard or admit him to bail with a sufficient surety
conditioned on his appearing for sentence and such Court may, after hearing the
case, pass sentence.
(10) Nothing in this section shall affect the provisions of the Probation of
Offenders Act, 1958 (20 of 1958), or the Children Act, 1960 (60 of 1960) or any
other law for the time being in force for the treatment, training or rehabilitation of
youthful offenders.
Section 361
361. Special reasons to be recorded in certain
cases.—Where in any case the Court could have
dealt with,—
(a) an accused person under section 360 or under the
provisions of the Probation of Offenders Act, 1958 (20 of
1958); or
(b) a youthful offender under the Children Act, 1960 (60
of 1960) 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.
Section 362
362. Court not to alter judgment.—Save
as otherwise provided by this Code or by
any other law for the time being in force, no
Court, when it has signed its judgment or
final order disposing of a case, shall alter or
review the same except to correct a clerical
or arithmetical error.
Hari Singh Mann v. Harbhajan Singh
Bajwa, AIR 2001 SC 43
The Section is based on an acknowledged principle of
law that once a matter is finally disposed of by a
Court, the said Court in the absence of a specific
statutory provision becomes functus officio and
disentitled to entertain a fresh prayer for the same
relief unless the former order of final disposal is set
aside by a court of competent jurisdiction in a manner
prescribed by law. The court becomes functus officio
the moment the official order disposing of a case is
signed. Such an order cannot be altered except to the
extent of correcting a clerical or arithmetical error.
Master Construction Co. (P.) Ltd. v. State
of Orissa, 1966 AIR 1067
A clerical or arithmetical error is an error
occasioned by an accidental slip or omission
of the court. It represents that which the
court never intended to say. It is an error
apparent on the face of the record and does
not depend for its discovery on argument or
disputation. An arithmetical error is a
mistake of calculation, and a clerical error is
a mistake in writing or typing.
Section 363
363. Copy of judgment to be given to the accused and other
persons.—(1) When the accused is sentenced to imprisonment, a
copy of the judgment shall, immediately after the pronouncement
of the judgment, be given to him free of cost.
(2) On the application of the accused, a certified copy of the
judgment, or when he so desires, a translation in his own
language if practicable or in the language of the Court, shall be
given to him without delay, and such copy shall, in every case
where the judgment is appealable by the accused, be given free of
cost:
Provided that 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 whether or not he
applies for the same.
Section 363:
(4) When the accused is sentenced to death by any Court
and an appeal lies from such judgment as of right, the
Court shall inform him of the period within which, if he
wishes to appeal, his appeal should be preferred.
(5) Save as otherwise provided in sub-section (2), any
person affected by a judgment or order passed by a
Criminal Court shall, on an application made in this
behalf and on payment of the prescribed charges, be
given a copy of such judgment or order or of any
deposition or other part of the record:
Provided that the Court may, if it thinks fit for some
special reason, give it to him free of cost.
Section 364 and 365
364. Judgment when to be translated.—The original
judgment shall be filed with the record of the proceedings and
where the original is recorded in a language different from
that of the Court, and the accused so requires, a translation
thereof into the language of the Court shall be added to such
record.

365. Court of Session to send copy of finding and sentence