MENT WRIT! In Criminal Procedure Cod 1973, the term ‘Judgment’ is not defined, But Chapter XXVI of the Code which deals with “Judgment” has early states "what shall contain sa Judgment However, in the Code of Civil Procedure, 1908, in Section 2(8), the term ‘Judgment’ is defined as “the statement given by the Judge, on the grounds of a decree or order’ Definition of Judgment’ by Merriam-Webster: A formal decision given by 1 court; An opinion or decison that fs based on careful thought: The aet oF process of forming an opinion or making a decision after careful thought: The act of judging something or someone ‘According to other dictionaries, the term Judgment’ can be Droadly explained as follows ‘The ‘jdgment! is an oficial and authentic decision of « court of justice upon the respective rights and claims of the parties fo an action or sult therein Ungated and sub> mitted t its determination ‘The judgment the final determination ofthe sights of the partes in an action or proceeding, “The judgment’ Is the sentence of the law pronounced by the court pon the matter appearing from the previous proceedings in the sult Tis the conciuston that naturally fellows from the premises of law and fact. ‘The ‘judgment is the determination or sentence of the law pronounced by a competent judge or court, as tho result of am action oF proceeding instituted in such court, aftrming that, upon the matters homie or ta deiaiom, «legal duty or lablicy des oF does not ex. "The ‘judgment ts a staernent given by the Judge on the grounds of a Acree or order JUDGMENT IN CRIMINAL MATTERS - AN OVERVIEW: (chapter XXVH of the Code of Criminal Procedure, 1073 seal with godgment, Section 958 of the Code deals with when dhe Judgment ist be Aetvered and the mode of ts delivering ete. Section 364 of dhe Code deals| with the Language and contents of Judgment. Seetion 888 of the Code deals with the form of Metropolitan Magistrate's Judgment, Section 962 of undates that the Court shall not alter the judgment or final the Code‘der disposing of a case except to correct a clerical ar arithmetical errr, ‘Section 383 of the Code provides giving of copy of judgment to be given to the accused and other persons. Section 364 of the deals with when {ugment to be translated. In a judgement pronounced by e sessions Court. Ifthe accused is sentenced to death, the Coust has a duty to submit the same to the Hon'ble High Court for confirmation, as contemplated wnder te prousions of Chapter XVIIL Part (i) of Chapter IV of the Criminal Rules of Practice and Circular Orders, 1990 deals with judgments. Rule 65 thereof mandates that no abbreviations shall be used in cements, Rule 66 there provides how the witnesses shall be refered to (PW. DW), Role 67 thereof provides that Tabular Form @ be annexed to the Judgment. Rule 68 thereof mandates tht a List of Witnenses ele. to be appended to the Judgment, Rule 69 thereof mandates that judgment to specify oflence in respect of which sentence Is passed. Rule 70 thereof mandates dat Sab- section under which the accused was convicted is to be stated in the ‘Judgment, Rule 72 thereof says that Judgment to state whether previous ‘conviction ws proved or confessed. Rules 72 to 78 thereof deal with to ‘whom copies of Judgments are to be furnished vz. prosecution, accused, Government Oficial, Head of the Department, Controller of Defence [Accounts on conviction of Mibtary pensioners, Food Inspector, Chemica Bsaminer and Professons/Lecturers in Forensic Medicine. Rule 99 thereof relates to Sessions Judgments, Rule 100 thereof provides for distribution of copy of judgment in aeeiont canes to various authorities. Rule 107 thereof deals with contents of judgments tn appeals. ‘JUDGMENT IN CIVIL MATTERS - AN OVERVIEW: Seetion 2(0) ofthe Code of Civil Procedure. 1908 (hereinafter referred to 99 CPC) defines “Judgment” as the statement glen by the Judge of the rounds of « deerve or onder, Seetion 33 of CPC provides that the Court afler the case has been heard, shall pronounce judgment, and on such {judgment a decree shal follow. (Order VI Rule 10 of CPC provides the procedure when party fails present written statement called for by Court. It provides that where any party from whom a written statement is required under rule 1 oF rule 9 fits to present the same within the me permitted or Bxed by the Court. as thecase may be, the Court aball pronounce judgment agatnst him, or make ‘such order in relation to the suit as it chinks ft and on the pronouncement of such judgment decree sal! be drawn up, Order XII Rule 6 of CPC proves for Judgment on admissions According to, () where admissions of fact have been made etther in the Pleading or othenvise, whether orally or ia wating, he Court may at any stage of tae oui, sther on the application af any pry or ofits wn motion and without waiting forthe determination of any other question between the parties, make such order or give such judgment as 1 may think ft, having regard to such admissions [2) whenever a Judgment is pronounced tender sub-rule (1), a decree shall be drawn up in accordance with the judgment and the decree shall bear the date on witch the judgment was pronounced, Onder XIV Rule 2 of CPC mandates for the Court to pronounce |hudgment on al bases. Rule 7 thereof provides that the Court, i satisted that agreement lander Rule 6) was exteuted in good faith, may pronounce Judgment. ‘onder XV Rule 1 of CPC says that where atthe first hearing of a sult it appeaes thatthe partes are not at issue on any question of law or of fact, the Court may at ence pronounce judgment. As per Rule 20) thereof “whece there are more defendants than one, and any one ofthe defendants fs not at lasue wi the plain on any question of law or of fat. the Court ray at once pronounce judgment for or against ach defendant and the ‘uit shail proceee only agatnat the other defendants, Order XX of CPC exhaustively deals with Judgment and Decree. Rule 1 thereof deals with Juegment when pronounced Rule 2 deals with Power to pronounce & Judgment writen by Judges predecessor, Rule 9 mandates Judgment to be signed. Rule 1) deals with Judgment of Saal ‘Cause Courts and Rule 42) dats with Judgment of other Courts, Rule 5 ‘mandates that Caurt fo state ts decision on cach issue, Rule 6B dea with Copies of judgments when tobe made avaliable, ‘Chapter Xit of Civil Rules of Practice and Circular Orders, 1960 deals with Judgnents, Decrees and Orders. Rule 142 (1) thereof deats ‘with Time for delivery of Judgment. According to, the Court, after easehas been heard, shall pronounce judgment in an open Court, either at tance or a8 soon thereafter as may be practicable and when judgment to be pronounced on sone future day, and such day shall be within thirty days fan tt shall not ordinarily be a day beyond sixty days from the date on Wes the hearing ofthe case was concluded the Court shall fx a day for that purpose, of whieh due notice shall be glven to the parties oF their pleaders, Rule 149 (2) theroof deals with Form of Judgments. According to it. The judgment of te Court shall be headed with the full cause-tte of the suit, appeal or matter, the name of the Judge, and the date on which was passed, and shall state the names ofthe parties or their Advocates who appeared at the hearing and be drawn up in consecutive mambered paragraphs and shall also state the date on which the case was heard as tn Form No.24 and list of exhibits and witnesses examined shal! be aexed ‘hereto, Rule 171 thereof deals with judgment in Appeal. According to the Appeliae Court may formate sullable points for decumentadons in appeals in accordance with the samme principles on wh Issues are framed, sm the trial Court and record is distinct findings on all questions of fact as 4s sufficient to show that the Court has deal with each ground of appeal ‘CIRCULARS OP THE HON BLE HIGH COURT: ROC NO.1261/2001/VIGLANCE CELL, Dated 18.10:2001- instructions (0 “hudicil Offcers for passing speaking erders on Judicial sie, [ROC No.1268/S0/2008 Dated 17.11.2008 Circular No:30/2006- Courts to "tilow ratio aaceera ROC No 925/30/78 Dated 08.11.1976 - Judgments of Subordinate Courts Nise of sbprevtaions deprecated ROC No.1825/S0/82-1 Dated 09:08.1982- Instructions regarding legible copies of Jucgments [Link].1006/2001/VIGIANCE CELL Dated 18.10.2001 Instructions Tegarding Judicial Officers not disposing of cases belore their ‘rmnster ROC No.391/65-B.1 dated -08,1965 ~ No need for permission to dictate “Dadgments ia open court. ROC No.1062/S0/80 Dated 22.10.1980 ~ insinucions regarding signing fair copy of Judgment in case Judge ts transferred, SUDGMENT WRITING - A GLANCE: “hudgment is the end product of the proceelings in the Court. The siting of a judgment 1s one of the most important and tne constmingtask performed by a Judge, ‘The making and the writing ofa judement and the sie in which Hs wrt, vars from Jugs to Jule and reflects the harscterite ofa Judge. Every Judge f every rank has bs own distinct style of wring. A judgment ss distinct from a formal onder as i gives ‘reasons for arving al a conclusion. The backlog of eases aa put a great reestre on the Judges. Ht 8 no longer prudent to write ang and verbose Idgment, with uncontrolled expressions and cltaions, The pressure of ‘work and stress on most ofthe Judges today demands improving sls ‘wating judgment, which are brie, simple, and clear without compromising wath the quay “Taken into account the mounting arrears, and the pumber of cases 1a the dally sae ist, the arden Sn judgment writing sometimes becomes Intolerable, The Judges by thelr experience. nd methods to reduce thin ‘burden, by writing brief opinions, The judgment, however, could serve the requirement of law withot compromising with the quality. The judgment ta also a reflection of the conscience of a Judge, who wetes it, and ‘evidences his impartahiy, integrity and intelectual honesty” The judgment “writing provides opportunites for a udicaloficer to demoxstrate his own ability and worthiness to be a participant in the high tradition of moral integrity an social utliy. There sa wide dscreton lf withthe Judges to ‘choose thet syle of writing. language. manner of statement of facts, ‘Alscusslon of evidence and reasons for the decision. ‘A judament is not only ten forthe ene f the pares. but also for the bent of legal profession, other judges and appelate Courts, The losing party i the primary focus of concem. The winner fs not much Interested nthe reasons for success, at he i convinced of the righteousness of the caune, The looser, however, nthe expensive Iugation, ts ented to have a candid explanation of the reasons for the decision. Iti not ony for exerese of any appellate right bu also to uphold ‘the intellectual integrity of the system of law, impastiaity and logeal reasoning, The lawyers are interested the judgment as he understands the analysis and expositions of legal precedents and principles. The lawyers alss examine the judgments for learing, The judge Is also aware ‘that his decision may be reported and that it may establish a legal principle, binding, ntl st is set aside by the appellate Court. "The best ‘Judges perform their reasoning opinion honestly to the best of their abil ‘without undue concer that the appellate Court may find error or reach @ ferent conchisfon, Before writing a judgment, « Judge must remember‘hat he ‘9 perforing a pubic set of communseating hls optnion on the Jasues brought before him and after the trial by observing flr procedures ‘The fudge must give the details ofthe evidence le before i. However, ‘only the relevant edence must be narrated and that foo very beely giving te purpose for such evidence was led. The documents admitted in evidence after they are proved on record must find thelr mention along with oral evidence by which they were proved, A brief narration, however. will suffice 1 itis precige and 48 lewy stated. A Judgment must briefly state the contentions of the eounsels on the polnts for determination. So far as possfbi, all he contentions raised by the counsels, except those which are wholly frivolous, mist be mentioned on the record. After the Judge has et with all the contentions, he must record that no other point was essed, This statement recorded in the judgment will take care of challenge to Judgment on the points, which were not raised before the sd, “The object of good judgment isto conclude the dispute and not to leave the malter undecided. The judgment should leave nothing to be ‘brought back othe Court. The operative prton of the order should as far ss possible se-erecuting and self-contained. tn crminal matters ater recording conviction, the Jadge has an important task of giving sentence fine oF compensation. The aw requires the accused to be heard before awarding sentence The Judge must gwve reasons for giving sentence, fine fand apportion te compensation to the wetim for the sutferance Judges shoxld avold making judgments that are “readable by few, ccomprehendible by fewer stil. In adetion to clarity and brevity, in legal Judements, readability isnot to be disregarded, Plain and simple language thas always been prefered and appreciated in wating Sudgments, Brevity “impicty and clarty are the hallmarks ofthe good Judgment. The greatest ‘of these is clarity. Tis better fo avold invidious examples, unnecessary ‘quotations, and lecture. A controlled judgment without any legalee, sharp ‘nits, pinching comments, and sarcasm invokes respect to the court ‘Short sentences aad Para phrasing. Head notes and subhending, wherever itis necessary. a recommended sve of writing judgment.[CITATIONS ON JUDGMENTS: “The essenval clement of @ Judgment ts that there should be a statement forthe grounds ofthe decision. (see VIDYACHARAN SHURLA Vs. [KHIUSCHAND BAGHEL’: SWARAN LATA Vs. [Link]®: STATE OF ‘TN. Vo. [Link]?: BALRAS TANEJA Vs. SUNIL MADAN*) very fudgment otter than that of a Court of Small Causes should contain (8 concise statement ofthe ease; the points for determination: (6) the decision thereon; and Uv the reasons for such decison. A judgment of @ Court of Small Causes may contain only points (i) and (i). Sketchy orders which are not seifcontained and cannot be appreciated by an appellate or revisional court without examining ll the records are, therefore, unsatisfactory and cannot be sald to be Judgments in that wens, In State of TAN, v. Thangavel (9 supra), the Hostble Supreme CCourt observed that the judgment denotes the reasons which the Court aves for its decision. The observation reads thus “6. vom Judgment means a statement given by a Judge of the grounds of a decree or order. Section 28) defines Judge to mean fhe presiding officer of « ell court. An olicer, therefore. Is appointed to preside and to administer the law in a court of Janice and clothed with judieal author. Judgment Is he Fae pela ee cel ta a "eee pubmed “to St tar SecBaRtint te sha judgment densten che veanona which the (Sure pes for sa decor “The Honble Supreme Court in Balraj Taneja ¥, Sunil Madan (4 ‘supra) while dealing with Section 29), Order 20 Rule 1 (2) CPC and Order VIII Rule 10 of the Code of Chl Procedure 1908 observed that in judicial procetings, there cannat be arbitrary orders and that a judge cannot merely say “sult decreed” or “suit dismissed” and that the whole process of reasoniag has to be set out for deciding the ease one way or the other. Bven the Small Causes Courts judgments must Be sntellighie and must show that the judge has applied his mind. The judgment need not, however, bea decision on all the issues In a case ‘nthe wordy of Vivian ose, J. n Surendra Singh v. State of UP {judgment may be sth tobe "the final decision of the Court sneimted tothe “aik1968 S€ 3069 a 9.1113, (1964 6 sn 129, 2rasen) 1 Sec 709 AR 960 SC 1167 413997) 2 Sec 49 AIR 097 SC 2283 ‘iiaes) asec 96 aI 1009 SC 330 SPAR asa sc Bodo p96 2956 Sek 330parties and to the world at large by formal ‘pronouncement’ or “deivery bt open court Before writing judgment, the Judicial Officer should know ‘what the Judement ought not to contain, (@) Judgment sould not be prix (edlously long writing or verbose sing ‘many unnecessary words )- A profs judgment 5 a torture (0 wtte, and torture to read”. ‘There should Be no repetivon of idexs and expressions tn the judgment (0) The Civil Justice Committee, presided over by the Hontle Mr. Justice George Claus Rankin of the Caleatta High Court, have thought that no exact instructions ean be given as to how a judgment should be prepared Duta judgment should not be to long or too laboured {1 The judgment should not be sketchy fincomplete or Iteking details) oF ‘superfcal, Juegient ls said to be shetchy when the Judge takes a few points here and.a few points there, puts chem together and records his findings in a vaghe, haphazard and imperfect form. (a) There should not be Laconie fusing few words} judgment. A laconic judgment is one that does not tell the losing Iigant why and bow he has lost his case. IIs the worst orm of a judgment which result in @ remand of the case by the appellate court to the tial Court for re-writing the same. Brevity does not therefore, permit the Judge making his judgment so short thai wll be dieult onthe part of the btigants to comprehend the reason of thle fatlure and aucceae in the case {e The judgmert ahould not contain abbreviations oF code words, The use Staboreviations or code ward t the jagment should be atttly avoided. {0 Judgment should not cantain sentiment or emotion of Judge, Sentiment isa dangerous wil-o"the-wisp that misguides the adjudicating authority to 0 away from the evidence and constrains the Judge to decide a ease being carried by his sympathy for ether party 1a ‘There should not be lopsidedness in the Judgment. IF all the issues Involved relating to fact or law of a particular incident should not receive fequal consideration and the Judge develops some points in the judgment land ignores other vital points am the judgment, then swe Judgment is called a lopsided Jadgment. {0 There should not be any discussion purely on hypothetical questions in ‘judgment ‘Composition of a Judgment:- ‘A judgment rast begin with clear rettal of facts ofthe ease, case of ‘action and the manner in which the eage has been brought to the Court A Judge must have essential facts im mind, and its narration should be“wtthout any mistake, The facts must come fom the record and not from the abstract and briefs without any partisanship oF colour to its narration. The nportanee uf fust paragraph of the judgment cannot be over emphasized, Iemust answer the questions as to how, when, where. what and why, which Is an advice given to judicial eubs. The readability of the opinion improves i ‘the opening parsgraph answers thrce questims namely what kind of case this, what roles plaintiff and defendants had inthe tral, and what are the fssues, which the Court has to decide and answer, giving, suicient Information to the reader to proceed with reading the judgment ‘Ordinertly a brief statement of fet is sullctent if it indicates the context of the dispute so that legal principle chosen for deision ean be understood. At times, however, ft may be necessary for judgment to record substance of factual context and the detals of evidence placed before the ‘Cour. I the complexsy ofthe case requires, the Judge may choose to state the facts chronologically, to understand what is decided, in such case the Jue may ask the respective counsel a ebzonological statement of facts to focus the attention of the partis to shorten the argument and make ‘easier to write the Judgment, (8 easier to wnte short judginent whee legal taaues are involved, Where the facts are in dispute, the Judge may preter to arate the facts im greater etal, The feta which are part ofthe essential reasontng process of the Judge's deeision should be indieated and recorded, “The Issues are setled between she perles before taking evidence, tn criminal cases, charges framed by the Court lead to che trial. The judgment ‘uot quote the loses or charges as the caue may be tmmediatly after she harration of facts. It 18 always feasible fo decide preliminary issues Nike Jurisdiction of Court before going into the merits of the case. ‘The judge must give the details of the evidence led before it. However, only the relevant evidence must be nareated and that too very briefly giv the purpose for such evidence was led The documents admitted in evidence after they are proved on record mast find their mention alomg with oral evidence by which they were proved. A brief narration, However, wil slice fs precise and is clearly stated. tts to be noted that all the cases cted by the learned counsel need ot be discussed in detal, If the ease lw cited has no bearing or only remotely connected with the point, the Judge may simply refer to that case tnd state n two or three sentences thatthe said case has no application forsuch and such a reason. The Judge should develop the faculty and capacity to distinguish a judgment, It shall be bome is mind thet the Head Notes mentloned in the journals are not concluste about (ie propesition laid down in the judgment, The judge has to read the case law and distinguish but not by mere head notes. “The soul of & judgment i the reason for arsiving at the ding, This fs also called ‘the opinion’ of @ Judge. There is no rigid rue, as to how a finding may be recorded, ‘The Judge, however, should give his reasons. It fs not sulletent to sty that he Believes the evidence or agrees with the argument, The Judge must give his reasons for such bellef and agreement [An elaborate argument does not always equlre elaborate answer, ‘The chief guidelines for wring plan language are: (0) Achieve reasonable average sentence length. (2) Prefer shore words to long ones. simple to fancy. minimize jargons fand_cechreal terms, {@) Avoid double or triple negatives because no reader wants to wrestle swith sentences. 14) Prefer the acuive wiee (6) Koop related words together. specially subject and verb, verb and object. (Break up the text with headings and subheadings. (7) Use paraie structures for enumeratons, (8) Avold exceanve cross references, which create linguistic mazes (9) Avoid ver defining. (10) Use rettals and purpose clauses. (11) Avoid legalism to make your judgment reader friendly ‘CONCLUSION: [A judgment is an end-product of judilal exercise and effort ond marks the terminal point of Mtgation as far ws the particular court ts ceoncemed, The eapaciy, aptitude and approaci of «judicial ole ts seen ‘through the judgment. The length of die Judgment never determines the true quality of the judgment bat, ss eeflected by its proper pereeption of legal principles, method of analysts, clarity and coherence of thought and tase of flawless language. Thetr mporance lies in the fact that i s on thelr performance that the quality of deinistration of justice langely depends Many cases im these courts are of poor litigants, A good deal ofesponsibility, therefore, lies onthe Presiding Judge o Magistrate to ensure that proper material fs brought on record which is necessary for arsving at just conclusion and that the case is handled promptly in such a manner ‘at no Hgant suffers on account of poverty or lack of proper legal advice and suggested to admire judicial ethics in writing judgment (CHL RAMAKRISEINA) \V AJFCM, RAJAMAHENDRAVARAMREMEDIES, RELIEFS, SENTENCING and PUNISHMENT Sentencing is that stage of criminal justice system where the actual punishment of the convict is decided by the judge. It flows the stage of ‘conviction and the pronouncement ofthis penalty imposed om the convict the ultimate goal of any justice devery system. A great attention needs to be pat! to this stage. ‘This stage reflects the amount of condemnation the society ss for n partielar crime. The underying rationale of any criminal justice devery system can be determined by looking at the kind of ‘punishment given for variows crimes, Punishment ts a process, by which the State sets some pain tothe person oF Property ofa person, who 1s found guilty of erie. However, in @aystem lke ours, with so many actors involved apart feom the accused and vietin 8 not possible to expect all of them to react In the same manner toa particular act of crime. The decision tobe retched haere is not restricted to whether there was a wrong done or not but also and more importantly what has to be done in case of a wrong being commuted. The options are many. In ease of @ vitim centnie system dhe most opted solution would be restoration of the Well tothe same postion ‘as he/she was in before the wrong hal been caused. This bs mostly used in| torts eases and generally sn economic crimes. This cannot be applied across the board fo cases of physeal, emotional and psychological tarm ‘where restoration te rarely posable. In sich canes there are so option Fetrinution and rehabitation. Im the former. the eyatem focuses at ‘Condemnation of the crime as mote important rationale for penalising thes fny other, The latter #s more accused fendly and believes in reclamation ofthe person back fo the mainstream of the socety. Another most favoured {justification for punishment is deterrence the basie premise of which is prevention of r-occurrence ofthe same seen. “The Code provides for wide diseretionary powers tothe judge once the convietlon Is determined, The Cade tals about sentencing ciely in S238, 5.248, $.925, $:360 and $.961 15.295 Is a part of Chapter XVII dealing wih @ proceeding in the Court of Session, It directs the judge to pass a judgment of acquittal oF conviction and tn case of conviction to follow clause (2) of the section ‘Clause (2) of the section gives the’ procedure (© be followed in cases ofsentencing a person convicted ofa crime, ‘The section proves a quasl rial to ensure that the convict is given a chance to speak for himself and give opinion on the sentence & be kmpose on him. The reasons given by the convet may not be pertaining to the crime or be legally ound. It just for the jadge to get an idea of the social and personal detalis ofthe convict and to ace if mone of these wil acct the sentence, Facts such a the const being breadwinner might help ia mitigating tis punishment or the ‘conditions in whieh he might work. This section plainly provides that every person must be given a chance to talk about the kind of punishment (© be imposed. ‘The secubn just does not stop at allowing the eonvet to speak but also allows the defence counsel (0 bring © the note of the court all possible factors which might mitigate the sentence and if these Fectors are contested then the prosecution and defence counsels must prove thelr argument. This ordeal must not be looked on as formality but asa seriuis effort n doing justice tothe persons fnvalved. A sentence not in compliance with $295 (2) might be struck down as vlolave of natural Justee However, this procedure 18 not required sn cases where the sentencing is done according to 8.360. 18.248 comes under Chapter IX of the Code dealing with warrants case. The provisions contained in thls section are very similar to the provisions uncer $235. However, tis section ensures that there 1s no prgjudice against the accused. For this purpose it provides in clause (3) that in case waere the convict refuses previous conviction then the juige ‘can based on the evidence provided determine if there was any previous convetion, ‘WHATIS A PUNISHMENT: "The infletion or imposition of penalty as retrbutlon for an offence fs called punisiment, Through the process of punishment, the State can ~ (1) prevent/de-er the criminal not to repeat the same in future; and (2) create fear among the people not to commit such ertmes/offences, ‘There are - (i) Deterent, (i) Retributve (i) Preventive. {v} Reformative, and 6 Explatory. thecries of punishment, Panlahmente under the indian Penal Code’ ‘Seeton 89 of the indian penal code enumerates the dlleent punishments vwhieh the courts may award to person convicted fora eime:(0) Death penalty (9 imprisonment fore: ti Imprisonment which is of ether description: rigorous or simple: ts) Forfar of Property: te) Fine. nuke Sexton 9 of the Hdias Penal Code diferent sentences have been provided for diferent offences. Sentences which could be inlet imchide tmposition of fine, imprisonment, simple or rigorous, extending from imprisonment tl rsing of the court to 14 years, forfeture of property. Me imprisonment and death penalty which ss known as Capital punishment, Imprisonment i carried out by confining the convict in Jal land putting him to labour according to hls capacity. Maximum imprisonment as provided under Section 35 Cr.P.C ts 14 years. But Imprisonment for hfe Js inprionment for the whole life. The Supreme CCourt has mace such observations in the case of Gopal Vinayak Godse reported in 1961 (3) SCR 440: AIR 1961 SC 600. There Is yet one more form of imprisonment. 11s the punishment of solitary confinement wie ‘worst of all punishments contained 4 the Penal Code, 1 is simply barbaric. Under Section 73 of the LPC., the Court punishing an offender ‘may order the offender tobe kept in solitary imprisonment for any portion of imprisonment to which be Is sentences. This perled has been fixed #0 a8 hot to exceed 8 months in all, inthe LP.C. Death sentence is eavied extn ‘oar country by hanging the condemned prisoner by the nek ill he is dea tm reapect of each of the above punishments the courta are supposed to follow the procedure prescribed by the relevant provisions of the substantive laws. The interpretation of the courts in refusing co init the relevant punishment and the opinion expressed by any ageney at the Intemational level justify a change sn the system of punishments. ‘Romedy_in_cases where Magistrate cannot _impose_suficlent punishment: The judge at any point cannot exceed is powers as provided under the code in the name of discretion, In eases where the magistrate fels that the ename proved to have been commited is of greater intensity and mast be punished severely and If itis outside the scope of his Jurisdiction to award the punishment, then he may forward the case to the ‘Chief Judicial Maglstrate with the relevant papers along with his opinion sender section 328 Cr.P.©.Relief to the accused from sentence of punishment. on conviction: ‘The main part of judicial discretion comes in 8.860 which provides. for release ofthe convict on probation. ‘The aim of the section 1s to try and reform those criminals in cases where there is no serous dhreat to the society. This fs conveyed by limiting the scope of the section anly to eases where the following conditions exist + [Link] convited of offence the punishment of whieh is not death or tmprisonment for Ue +A pernom below 21 years of age canuicted of offence the punishment of which is not death or imprisoament for life ‘+ Armale above 21 years convicted of an offence the punishment of which is fine or imprisonment of not above 7 years, In the above cases, when there is no history of previeus conviction, dhe ‘court can, having consideration to other relevant factors such as age ‘circumstances while commiting the crime, character, mental condition ‘le. use Ms discretion and release the convict on entering into a bond with of without sureties. if Magistrate of Second Class and not thorised by the High Court opines that the person trted deserves ¢he invocation of this section then he might record his opinion and forward the cate tothe Magistrate of Fret Class, To enable the Judge to get fll facts of| the case the section provides all rights to the judge for enqulry into the etal of the cane. Ifthe crime committe ta of auch e nature Unat the [Punlshment awardable cannot be more then 2 years imprisonment oF & simple fine then, having consideration tothe various factors connected to the conviet, the court may leave the convict without a sentence at all after ‘mere admonition. ‘The court also takes steps in case the person does not comply with the niles Init down at the time of release as provided under this section such as rearrest of the person, For release under these provisions It necessary that either the core oF the surety are residing ‘or attend regular occupation in the jurisdiction ofthe court “The Code through 8.861 makes the application 0 8.860 mandatory wherever poseible ancl in cates where there is exception to state clear reasons. Wherever the punishment glven Is below the minimum preseribed lunder the relevant laws the judge must gue the special reason for dotng so. ‘The omission to record the special reason ts an irregularity and cat set aside the sentence passed on the ground of failure of justice. Theseprovisions are available only to trials before the Cou of Sessions and the il of warrants case, ‘The Probation of Offenders Act, 1958 is very ‘similar to 8.960 of CrPC. 111s more elaborate inthe sense that it explety provides for conditions ancompanying release over 9 supervision order, payment of compensation tothe aleeced part, powers and predicaments of the probation officer and other particulars that might fl inthe ambit ofthe field, 960 would cease to have any force inthe States or parts where the Probation of Offenders Act brought into force: ‘Relief to the accused in the punishment? In section 428 of te code. the relief provided to the accused is set off of period of detention undergone by the accused during investigation, Inquiry or tral of the samme ease and before the date of such conviction, ‘apunst the sentence of imprisonment imposed on hin. The lish of such person fo undergo imprisonment on such conviction shall be restricted (© the remainder, i any, of the term of imprisonment ienposed on him Yo be set off aguinst the sentence of imprisonment. However, the bent of Set off lander section 428 15 nos availble to Me convicts, See Kartar Singh v. ‘State of Haryana [AIR 1952 SC 14321, ‘Relief of compensation to victims in Criminal Justice System ‘Now accepting that there fs no uniformity i the tga! aystem inthe country to address the issue of compensation (the wcums of erune It 8 expedient to discuss the legal position in respect of campensation to the vitins of the flee. Til the year 2008, there was a provision under section 357 of the ‘Code of Cximinal Procedure, 1973 for compensation to the victims of the lence. Section 357 [Link]: Order to pay compensation (1) When Court imposes a sentence of fine or a sentence (inluding @ sentence of death of which fine forms a part, the Cotrt may. when passing Judgment, order the whole or any part of the fine recovered o be appled= (a) in covering the expenses properly incurred in the prosecution: (©) In the payment to any person of compensation for any las or injury caused by the offence when compensation ts, the opinion af the Court recoverable by such person in a Gril Court (Compensation to Victim):(9) When any person is convicted of any offence for having caused the ‘death of another person or of having abetted the commission of sucts an offence, te fine imposed may be used in paying compensation to the persons who are covered for rule under the Fatal Accidents Act, 1855 12 of 1855}, entitled to recover damages for the person sentenced for the los resulting to them from such death (Compensation in case of Death} (@) When any person is convicted of any offence which includes theft, criminal misappropriation, criminal breach of trust, or cheatmg, or of having dishonesty received or retains, of of having voluntarily assisted | In disposing of, stolen property knowing or having reason to believe the ‘same to be stolen, in compensating say bona tide purchaser of such property for the loss of the same af such property restored to the possession of the person entiled thereto. (Compensation of Vietim fa ‘other offences) (@) tf te Ane is imposed wn @ case, which 1s subject to appeal, no such payment shall be made betore the period allowed for presenting the appeal hhas elapsed. of. if an appeal be presented, before the decision of the appeal Payment of Compensation to be aubject to Appeal) (3) When a Court imposes a sentence, of which fine does not form a part, the Court may, when paseing judgment, order the accused person to ray. by way of compensation, such amount as may be specified in the order to the person who has sutered any Joss oF inury by reason of the act for which the accused porton ia been ao sentenced. (Compensation where ‘ane docs not form part of sentence). () The High Court or Court of Session or appellate court. when ‘exercising ils powers of revision may also make an order under aforesaid section, At the tine of awarding compensation in any subsequent civil suit ‘reaung tothe samme matter, the Court shall take into account any sum paid for recovered as compensation under this section, (the Court is ‘empowered to impose Compensation) ‘Theory behind the compensation of Victims Section 587 of the Cade of Criminal Procedure was the only provision tn Criminal Procedure Cade to compensate the victims of offence. The compensation was tebe payable by the accused anid on his conviction. Thisprovision therefore prescribes the person as well as the circumstance (Le. conviction of the accused) in which the compensation ean be pad to the ‘victim. Its fact that majoriy of people who are accused of and are ‘convicted of evimes. are poor and Wherefore this provision of accused depenided compensation was never a satisfactory answer to the woes of ‘victims of ere, The payment of compensation by the offender is not possible were there is acquis or where the ollender Is nat apprehended. ‘Further, the payment remains suspended tll the limitation persed forthe appeal expites or fan appeal i led, tll the appeal 8 disposed off. The delay tm the realizaton of the anount often adds to the woes of the victim, fn that event st the duty of the state to compensate the vietims of erime. "The sic has a legal claim aganst the State for its failure to prevent the ‘esime that produced the victimtation, See the government lmts the ity f dhe indeoal to protet him and sastead gles that power to law enforcement personne! ani taxes the individual to support those pervorne!. then the viet can hold the government lable when its law enforcement sctvties are unsiccessfil ‘Recommendations. Judicial Activism and amendment to include ‘ictim Compensation in Judicial System “The State's duty to rehabilitate the vetim of crime cannot be put any tower {than is responstbilty of rchabiating the criminal. tn India, however the ‘State remained fret sway from this oblgaton of compensating the witime 1 2098 when the Criminal procedure Code wan emended to Impose @ liability of the State fOr sich compensations. The 14! Law Commtsion in| fis report recommended State Compensation, which is jusied on the grounds that its the pollical, economic and social institutions ofthe State system that generates crime by yoverty, discrimination, unemployment and snsecurtty, The Malimath Commattce was also ofthe view thatthe printple of compensating vitims of crim has for long been recognized by the law though st is recognized more 28 a token relief rather than past of a Punishment or substantial remedy. Victim compensation 1s a State ‘obligation in all-serious crimes, whether the offender is apprehended or no, convicted or acquitted. This Is tebe ongantzed in a separate lealsinton by Parliament,‘Viewim compensation an nportant aapect of etm reciution in eriminal Justice system. Supreme Court judgment recently in the case of Ankur Shiva Gail Vs, Sate of Maarashia |S 1.P. (C11) No.6287 of 211), has observed that a long line of udiclal pronounceniens of Supreme Court of India recognized a paradigm shift m the approach to victims of erime who are eld entitled to reparation, restitution or compensation for loss or injury sulfered by them, {es consonance with this shift ln order to overcome te situation, in the approach towards victims for compensating them that an amendment was made inthe Code of Criminal Procedure, 1973 whereby & new provision Le. ‘Section 887-4 has been added, by an amendment che year 2009, which provides for the Vletim Compensation Scheme, Earlier a provision for ‘compensation to the victims of ertme was section 357 Code of Criminal Procedure in which the mandate was a election Co the conict 10 pay ‘compensation tothe victims of crime, if the court on eanvtctian of accused sso direts. However in many cases a we see that the convicts are om very oor back ground or aze rehictant to pay compensation considering their prolonged incarcerntions the vies seems to be remedese. This was the ‘much-needed reli co the vieuns of offences and therefore one ofthe most progreseive legislation in recent umes, It reads a ‘ection 387A of CoPC- victim commenaation ashame 1a) Every State Government in co-ordination with the Central Government hall prepare a scheme for providing funds for the purpose of compensation to the vietim or his dependents who have sullered loss or injury as a result ofthe erime and who require ebabiltation ‘This eub-section deals with scheme for Compensation. "The purpose ‘of preparing the scheme by the stale governments in consultation wit the ‘central government was to have uniform schemes of cum compensation hronghout India but this was probably not done while preparing. the “schemes and the result s that there le great disparty In compensations to ‘lcm in these schemes (2) Whenever a recommendation is made by the Court for compensation, the District or the State Legal Service Authortty, asthe ease may be, shall decide the quantum of compensation to be awarded under the selieme referred to in sub-section ()‘This sub-section deals with power to decide quantum of compensation, (9) if the tial Court, at the conclusion of the tl. is satsied, that the compensation awarded wnder section 357 és nat adequate for such rehabiltacion, or where the cases end in aequita. or discharge and the victim has to be rehebitated, may make recommendation for compensation, ‘This sub-section deals with inadequate compeasation/compensation In case of acquital or discharge (6) Where the ofender is not traced or Mentified, but the victim is Mente, and where no trial takes place, the viet or his dependents may make an applicetion to the State or the Distriet Legal Services Authority for award of ‘compensation. (5) On receipt of such recommendations or an the application under sub- section (), the State or the DLSA shall, after due enquiry award adequte ‘compensation by completing the enquiry within two months ‘The sub-seetons (4) and (5) deal with compersiation when cllender ts uuneraceabe (6) The State or the DLSA, as the ease may be, to essen the suffering of the victim, may order for immediate fst-ald facllty or medical beneflts 10 be ‘made avaiable fee of cost on the cereale ofthe pile oficer not below ‘the rank of the oflcer in charge of the police station or a Maghetrate of the ‘area concemed, or any other interim relief as the appropriate suthorty deems ft, ‘This sub-section deals with collateral rel to wet. ‘Section 907 read with Section 957A of tne Under this provision 957 A Cade of Criminal Procedure, the State Is also liable to pay compensation to the victims of crime apart from the aecused tender section 957 Code of Criminal Procedure. There are many situations after the commission of the allences in which the compensation ean be awarded. + Av the conclusion of the wa + Inadequate compensation + Accused not traceable or no tral commenced{Barlier under sectlon 957, the compensation was awarded only tn che ‘eventuality af the conviction ofthe accused but now at oily os comvstins Dbut also on acquitial or discharge of the aceused or in case of uteaced status of the aceused, compensation can be granted, This a positive evelopment that takes into account practical reallly of an already: rumbling criminal justice system. which 1s aot in position to bring to book al offenders. It means that the mew section 357 A Code of Cxtainal Procedure has substantially widened the scope of compenseting the victims oferimes. ANOTHER REMEDY 70 THE VICTIM Section 972 of the Cr-PC, has bren amended, containing the folowing proviso: “Proved that the victon shall ave a right to prefer an appeal ‘against any order passed by the Court acquiting the accused or convicting Jor a lesser offence or imposing inadequate compensation, and sich appeat shall le 1 the Court to vohich an appeat ordinary tes against the order of ‘onwiction of such Cour.” Meaning of Dependent’ ‘The term “Dependent” of victim has been defined in the Delhi Viti Compensation Scheme, Dependent includes wie, husband, father, mother wunmarred daughter and minor children ofthe victim as determined by the uthorty empowered fo laue dependency cerifente that te Collector, or ‘any other authority authorized by the Government. ‘imitation and Limit of Compensation Victim Compensation Scheme also has a schedule providing for minimum and maximum amount of compensation in diferent categories of offences. ‘The quantum of compensation cannot be less than a minimum amount and cannot be more than the maximum amourk provided in the schedule attached tothe Vietim Compensation Scheme. For example in cases of rape the minimum amount of compensation that can be recommended I R&2 lacs and maximum as Rs.3 lacs, The limitaton period for fling & claim Under section 35714) Code of Criminal Procedure Is in cases when the offender cannot be traced or identified 18 $ yeara from the date of ‘occurrence of ere.Section 250 of Code of Criminal Procedure, 1973 - Compensation for ‘accusation without reasonable cause: “This section provides for payment of compensation to chose accused agalnst ‘whom complaints of accusation were made without any reasonable groin [Before making an order of compensation under this secon, the Magistrate should afford an opportunity to the complainant to show cause and he should be heard in reply. The object of the sanction is to avoid Sivolous accusations being fled before the Court in the name of complaint, The section applies only to eases instituted by “complaint” or information ghen {0 a Magistrate and i has no application to cases instituted on police report. ‘Sub-section 2) empowers @ Magistrate to award compensation not ‘exceeding the amount of ne which he has power to impose. Sub-section (9) further empowers & Magistrate to order that in default of payment of compensation, the complainant shall have to undergo imprisonment for & period not exceeding thirty days. An appeal aginst the der of ‘compensation shall lc tothe Sessions Court, The provisions oft apply to both, summons as well as warrant cases as provided su secton 8) “The sccton reserves the power to award compensation only to the Magistrate who has heard the case and has set aside che convicton and sentence against the accused, no other Magistrate or the Court a appeal can pass an order of compensation under this section. This view finds support in Supreme Courts decison in Keishnarao Niegire v. Junanath Laxman Kushalka,wierein the Court ruled that the same Magistrate wo anquitted the accused setting aside his conviction and sentence, alone ean Initiate action and pas the final orders of compensation under Section 260 of he Code. However, where reply to show cause notice was not taken int consideration before passing the order of compensation which was a condition precedent. ‘such order amounted to violation ofthe baste prinetples of natura! justice and fair play and was lable tobe set aside.‘DISPOSAL OF CASE PROPERTY “The criminal justice system ts meant to protect the ves and properties of the people. Aman cannot lve without movable properties, Stealing of movable properties is increasing day by day. Several thieves in tive mode of rackets and gangs are wording tn diferent parts ofthe country to steal the properties of Raihways, Factories. Public Undertakings and private citizens, Many properties are being recovered and produced Defore the Criminal Courts, ‘The excise ofiials, rest ola, the iil supplies ‘euthorities He, are authorized to seize the veces, which are used for transporting contraband, Several properties are being setzxd for non payment of taxes, exise duty ete. They are all being predueed in criminal Its no wonder sf anybody comments that most ofthe judicial oficers are contributing their might for wasting of national wealth by completely neglecting the disposal of properties which are ripe for isposal. The delay {in disposal of cases Is nko one of the contributing factors for wastage of ‘national wealth, The victims are suffering a lot due to decades of delay being eatised fr dlposal of ease properties. “The properties are lying in courts end court premises, etching dust and rust in open places. There ss no necessity to keep the properties in the courts for more than 2 oF 4 months after the final disposal ofthe cases, tn mony cases the property orders are not being carted out in the property| [Registers and the ease Registers, Therefore, after some years, 1 ts ‘vecoming very dificult to trace the fles. orders parties and properties, ‘Due to taper of time, parties ahit fom one place to another pace Some of them may die and some others may migrate to other parts of the country for lvelinood. Due to long lapse of time the police lose interest is serving the notices and bringing the parties. Due to exposure to light, ar land rain the properties are being damaged and they are becoming ‘worthless. It Is becoming dificult to delver the properties to the respective parties due to inordinate delay n taking action. The property registers are becoming bulky due to increase of inlow of properties and decrease sn isposats. The above clreumstances go to show at suicient amount of attention is necessary for the speedy disposal of case properties.Sections 451 16 459 tn Chapter XXXIV of CrP.C. and Rules 220 to 204 tn Chapter XI af Criminal Rules of Practice, deal with case properties, ‘Sections 451 to 459 - An Overview: 1) Whenwver any property 48 produced before any criminal Court, during any inquty or trial. the Court may make such order as thinks ft fr the proper custody of the property. pending conclusion of enquiry oF tral. sas) 2) che property & subject t specdy and natural decay, of i'l otherwise ‘expedient to do 23, the Court may. after recording such evidence 6 i thinks necessary, order it to be sold or athervise disposed of. (S.451) {3} When an inguy or trials conchided, the Court may make such order as 4 thinks ft for the disposal of the property which was used in commission ofoflence, (8.452) 41) The order delivering the property may be made to any person who ts claiming to be ened to the possession, without any condition, or on execution of Bond, with oF without sureties, to the satisfaction of the Court ‘undertaking to restore the property. ($452) 5) After conviction of secused for the offence of the or recetsing stolen propery, and if any person purenases auch propery without knowledge ‘that if & stolen property. payment to such innocent purchaser may be 16) An appeal les against the orders under section 452 or section 453 (5.454) 7) Destruction of tellus and other matter may be ordered on conviction “under sections 272,273, 274, 275, 292, 293, 501, 502 of PC. (8.455), 8) The Court has power to restore immovable property within one month after conviction in sespect of offences attended by erminal fore or esiminal sntimidation 6.456) 9) When any property is seized by the police offcer and the same is reported to the Magistrate and such property 18 not produced before the ‘Court during an inquiry or tra. the Magistrate may make such onder as he ‘lnk ft in repet ofthe dsposal of such property. (8.457)10) If no person establishes his claim of possesion oF right over the property ordered In $.457(2}, within six months, -he Magistrate may by ‘arder divect that such property or the sale proceeds thercof shall beat the disposal of te State, (8.458) 11 Ifthe person entitled to the possession of such property Is unknown oF absent and the property 1s subject to speedy and natural decay, or the value of te property 1 less than rupees flve hunted, the Magistrate may iret it to be sold. and the provisions of sections 457 and 458 shall apply as nearly as may be practicable, (5.459) ‘om dhe above i. be ders that - 1) when any property is produced before any criminal Court, during any snquury or tra, the Court has to pass appropriate order for custody of uch property pending the conclusion of enquiry or tra: 2) if the property is subject to speedy and natural decay, the Court after recording such evidence may order io be sold or otherwise disposed of 3) after the conclusion of the tral or enquiry, the Court has to pass such ‘order ai thinks Mt for the disposal ofthe property: 4 the disposal ofthe property can bein the form of ordering) destruction (a confiscation (i) deery to any person who is ented tot 5 the Court can pass any order for delivery of the property with or without ‘any condition of executing @ bond, with or without surcties, to the satisfaction of te Court undertaking to restore such property to he Court ‘anand when directed 4 Court of Session may inatead of ordering the tupoaa of property, send the anme tothe Chief Judicial Magistrate for dispotal ncording to lw: 7) the onder of disposal of property shall not be cared out fortwo months or when the appeal is presented, until disposal of such Appeal unless the property sive stock oF the property subject to speety and natural decay: 18) the provisions relating to properties under CrP... only decide right of possession andl the il court decides the ownership|2) no conftcation shail be ordered, when no offence was, committed in respect of such property or when such property is ot sed in commission ‘of offences 10) if any person purchases stolen property without Knowing that i was stolen property the Court may on application fom stich person order payment of amount not exceeding the price of such property. after restoration of such property to the person who is entitled tothe possession oft: 11) any person aggrieved by an order of disposal of property may prefer an ppl against 12) the ease property ts ibelous matter, the Court may onder destruction | ofall the copies ofthe said mates: 19) the Court on conviction can order destruction of food, drink, drug oF sede preperation in such of which the conviction was glen: 14) wherever the seine ofthe property by & police ollcer is reported to Magistrate and wien such property is not produced before a Criminal Court, the Magistrate can order disposal of sich property to the person who 1s entitled for possession: 15) if the person who is entiled for possession cannot be ascertained, the Magistrate can pass an order for custody and production of such property: 16) if the person so enuited = known, the Magistrate may order the property 10 be dellvered to im on auch terms and conditions, aa he Hinks 17) 6 the person so entitled 4s not Known, the Magistrate can issue a proclamation specifying the articles requiring any person to establish bis claim within six months from the date of such proclamation 18) 1f nobody comes or the person who Is in possession of the property Is ‘unable to sow that twas Healy acquired by him, the Magletrate may pase fan order directing such property lo be kept in atthe disposal of the State CGavemnment and itcan be sold by the Government; 19) an appeal can e preferred against such onder; snd20) if the person entitled to possession of the property 18 not Known oF bsent and if the property is perishable a is subject to speedy and natural cay and its value 1s less than ten rupees the Magistrate may direct ito be sold Rules 20 to 294 An Overview: 1) The Preskimg OMicers are personaly responsible forthe safe custody of| the case properties. ‘The placing of the clerks in charge of ease properties ‘wl not relieve the Presiding Ofcers of ther responsibilty any extent (e220) 2} Beery item of property received in Court should be inspected by the Presiding Ofcer or bya responsible fee authorised by him, (8221) 5) Koumediately after receipt of the property, the same shall be entered in the property regster. (R221) 4) The Presiding Officer should check the valuable and non-valuable tems of property periodically and satisfy himself that properly accounted for. (8.221) Items received are 5) The Presiding Oficer shall make sure that the properties are safely kept nd that orders of disposal are promptly carried out. (R221) 5) Whenever there 18 change of Officers, the succeeding OfBcer shall ‘examine ail the non-valuable properties, as soon as possibie and certiy sn the register that he has taken over the properties speciying them with reference to their item numbers. (R223 of CrP) “71 Me valuable propery. a6 referred to In R222, shall be vented st the time of taking over change and necessary certifleate affixed in the Register waa 8) All articles of value should be separated from other properties. (222) 9) The valuable properties should be Kept in boxes fited with locks. (R222) 10) The bates should be protected against damage from motsture, insets ete, 8.222) 1) When there is no strong room in the premises. the box should be deposited with Sub-Treasury. (R222)12) The Sessions Judge in his discreion to decile as to which of the material objects are to be sent to the High Cour: and which are to be ‘woth. (8.223) 12) Court of Sessions shall enclose with the reccrds in Sessions Cases ‘submitted to the High Court a lst of material ebjects tn Judicial Form 1No.129-8. R223) 14) F any material object Is retained, the onder of the Sessions Judge lrecting such retenlon should form part of the reer. (228) 15) Order of eisposal and disposal properties in sessions cases may be Sent to committing magistrate for disposel as per the disposal order. (R220) 16) Oxdera for the diepsal ofthe material abjects should! Be passe! in the judgment self (R227) 17) Material objects exublted should be retained by the Court unt the ‘Court # satisfied Unat the appeal time has expired and that no appeal has ‘been presented or that the appeal has been disposed of (R228) 16) Normally the properties can be dlsposed of alter expey of ninety days ‘rom the date of judgment of High Cour, unless there 1s a direction from the High Court (R228) 19) Onders of destruction of case property should be carried out tn the presence ofthe Presiding Officers 223} 120) The valuable property shall not be destroyed. IF the property s# not lrdered to be retuned to any party # ahall be ordered to be confiaceted 10 ‘State or otherwise slsposed of. (822012) 21) If the material object $8 confiscated weapon other than firearm or ‘ammunition and if itis of special interest, chen it shal be transferred to the nearest medical college. (R290) 122) Before sending the property, the Court has te ascertain Une medical college and police museum, Ifthe arle Is required by both, preference shall be given tothe medical college. If the article 5 not required by bot then sthas tobe destroyed. (.230)29) n case of art objects and antiquity. the court shall communicate the Director of Archeology and Museums and if he desires, send the object to him, 290020, 2) Gold ornaments shall be sent to mint master through a responsible oflcer by pre-arrangement with mint master. (R 23013) 125) After an order of delivery. of sae property. a notice should be issued to ‘the concemed to take deiery ofthe same. (R281) 26) I the party docs not appear after receipt of the notice an the speciied date, the property shal ether be destroyed of sold and the sale procecd credited tothe Government. (281) 27 I the party appears after sth sale, the sale proceeds can be paid 10 tim after deducting expenses of sale, (R231) 28) The sae of property should be conducted by an alicerof the Court and should be by public auction. (R282) 20) In case of excise goods, the method of dispesal or date of auction shall be informed through notie to excise authorty (Central Excise) to arrange fr colletion of daty viable any. (233) 80) The excise authority may alsy be required to satisfy thatthe purchaser tn auction ie licensed to dea in sch goods. (253) 91) Counter coin shal be sant to Uhe mint darough he nearest trary or Sub-Treaoury. (29410) 32} The implements of forged currency notes ean ordered by the court ts be delivered tothe police for destruction. (R234%2) 3) All forged eurency notes shal be handed over to police to forward them to iste department of RBI with report. (R24) 94) All arms and ammuniions of preserved bore, which are confiscated, ‘show rest arsenal fr disposal. (R244) be sent to the[PROPERTY SEIZED UNDER SECTION 41 R/W 102 OF CRP.C- When police sezed any property under section 41 r/w section 102 of (CrP.C and produced before the court, stich property should be received by the court If there is no complaint /report by any person, polce wil ie nal report. The Presiding officer shall verify final report to know what steps nave been taken by polices to such property. When is sated that no ‘complaint had been registered in any police station, such fnal report ean be accepted and the Magistrate can take steps for disposal of such ‘unclaimed property as per procedure contemplated under sections 458 ad 459 of CrP.C. any erbre had been registered as to such property seized ander section 41 and section 102 of CrP.C, the property should be ransferted tothe court concerned. “The Hon'ble Apex Court in Sunderbhai Ambelal Desai v. State Of Gujarat [2002 Supp{3) SCR 89 = (2002) 10 SCC 283} cbeerved that the abject and scheme of the varlous provisions ofthe Code appear to be that ‘where the property which has been the subject-matter of an offence is seized by the police, it ought not tobe retained in the eustody of the Court or of the police, for any tie longer than what is necessary. unless i is absolutely necessary. Therefore, i lathe duty of court to pass appropriate property orders according to nw witout ‘Taking the example of libel in books, where certain passages in a Ibook are found to be defumatory an order directing the destruction ofall ‘copies of the entre book 1 egal. Only he pages containing the ‘bjectionable passages should be destroyed. (Veerabhadra Vs. State, ATR 1040 Mad. 9831 strate, who can release the vehicle and the mobile phone. RAMULU v. [STATE OF ANDHRA PRADESH [2005 LawSuit{AP) 1224 : 2006 (2) ALT (ca) AP)“The following registers are to be scrupulously matntatned by the eximinal ‘courts relating tothe case properties 1. CR15 is the Property Resister 2. CR -16's the Unclaimed ease property Register 3. Auccon Register 44 Confscated Property Register 5, Register of Sessions Court Orders 6. Properties tobe sent fo Mint ‘Conetusion:- While dealing with the case properties on criminal sie, procedure under the eade and rules framed by the Hon'ble High Court, both are tobe kept in min, CHV RAMAKRISHNA \V AJFCM, RAJAMAHENDRAVARAM.