Topic IV

Judgment Writing
Submitted by

S Prathima
Civil Judge (Junior Division)
Banaganapalle

Introduction

Judgment writing is recognized as a learned skill that can be

practiced, improved, and refined. It is an art where clarity serves as its
color and brevity its attraction. A well-structured judgment enhances clarity
and conciseness, ensuring a complete reasoning process.
Fundamentally, a judgment represents the final culmination of a trial,
whether civil or criminal, rooted in facts, rules of evidence, and the
governing law. This process inherently demands a keen skill in
appreciating evidence, drawing upon common sense, natural events,
human conduct, probabilities, and improbabilities. The quality of
judgments is paramount, as they significantly enhance the judiciary's
image and public confidence by demonstrating a commitment to just, fair,
and quality justice. It reflects the judge's intellectual strength and signifies
a worthy judicial system, making the acquisition of this skill indispensable
for judicial officers.

Core Principles and Purpose of a Judgment

The profound importance of a judgment stems from its multifaceted

purposes and the core principles it embodies:

• Reflection of the Judge's Mind and Personality: The reasons

articulated in a judgment reveal the judge's thought process, their
 approach to the case, their grasp of factual and legal questions, and
the depth of their legal knowledge. In essence, the judgment reflects
the personality of the judge.
• Reason as the Soul: The supreme requirement of a good judgment
is reason. The value, binding character, or persuasive power of a
judgment is intrinsically linked to the presentation and articulation of
these reasons. Every conclusion must be supported by reasons duly
recorded.
• Ending Controversy: A primary purpose of a judgment is to bring
an end to the controversy involved in the matter, setting the dispute
at rest. It has a concept of finality in a broader sense.
• Transparency and Accountability: Judgments inform the parties
of the reasons for the decision, demonstrating fairness and
correctness. They serve to exclude arbitrariness and bias, ensuring
that justice is not only done but is seen to be manifestly done. The
requirement to provide reasons fosters care, caution, and
transparency in judicial decision-making.
• Guidance for Appellate Courts: Judgments provide the reasons
for appellate or superior courts to consider. A reasoned judgment is
considered an essential part of the fair administration of justice.

Definition of Judgment

Section 2(9) of the Civil Procedure Code (CPC) defines a judgment

as "the statement given by the Judge of the grounds for a decree or order".
It is the affirmation by law of the legal consequences attending a proved
or admitted state of facts. Judicial precedents further define it as a
decision that affects the merits of a question between parties, determining
some right or liability. A judgment declares the existence of a right,
recognizes the commission of an injury, or negatives an allegation. While
the CPC provides a definition, no equivalent definition exists in the
Criminal Procedure Code.

Related definitions include:

• Section 2(14) CPC, which defines an "Order" as a formal expression

of any Civil Court decision that is not a decree.
• Section 33 CPC, which states that a judgment is pronounced after
a case is heard, and a decree then follows.
• Order XX of the CPC, specifically addresses "Judgment and
Decree".
• The form of judgment is prescribed by Rule 143 and Form 24 of the
Civil Rules of Practice.

Essential Elements and Structure of a Judgment

Hon'ble Mr. Justice M.M. Corbett, Former Chief Justice of the

Supreme Court of South Africa, recommends a basic structural form for
judgment writing. These elements, when combined with other Precedents
and practices ensure a comprehensive and comprehensible judgment:

1. Beginning of the Judgment: This should prominently display the

name of the Court, the title and number of the case, the name and
designation of the Judge, and the date of delivery. This ensures clear
identification of the matter and the deciding authority.

2. Opening of the Judgment / Introduction Section: This provides a

brief introduction to the case, its nature (civil/criminal), and its current
stage (trial, appeal, revision, or miscellaneous). It should include a concise
narration of the plaintiff/petitioner/appellant's case, followed by a similar
narration for the defendant/non-petitioner/respondent's case, focusing on
relevant facts and avoiding repetition.
3. Setting out of the Facts: Facts should be gathered from pleadings and
evidence, avoiding verbatim repetition. It is convenient to set out
undisputed facts first, deferring disputed facts until after issues are
identified and while considering each individual issue. Irrelevant evidence
and facts can be discarded.

4. Issues and Points for Determination: The judge should frame issues
(for civil cases, as per Order 14 CPC) or points for determination/charges
(for criminal cases, as per Section 354 CrPC/392 BNSS). This helps to
define the scope of the trial, ensuring the judge remains focused. Framing
issues or charges is a legal obligation, and formulating points for
determination helps maintain focus.

• The "Order" under Section 2(14) is defined as formal expression of

any decision of a Civil Court, which is not a decree. Section 33 of
CPC says that 'the court, after the case has been heard, shall
pronounce Judgment, and on such Judgment a decree shall follow.
Order XX of the Code, deals with "Judgment and Decree."
• Rue 143 and Form 24 of Civil Rules of Practice prescribes the form
of judgment.
• In Sri Nanjundachari Vs The chairman, 1999 (2) ALT 14.1 (DNOHC),
it is held that it is mandatory on the part of the trial court to frame all
necessary issues arising from pleadings i.e. material proposition of
fact and law as affirmed by one party and denied by the other. The
court shall ordinarily pronounce judgment on all issues. But where
any issue relates to the jurisdiction of the court or a bar created by
Law for the 69 time being in force, the court may postpone main
issues in controversy and decide the pertaining issues first. In
criminal matters the court will frame the points for determination
while dictating Judgment.
 • In Velayudhan Vs. State of Kerala 1994 (1) ALT (Crl.) 112, it is held
that the Judgment shall contain points of determination and, the
reasons for decision on each point, must be considered separately
as far as possible. Care should be taken that no material point on
fact or law has been overlooked. The entire case depends on the
issues/charges. Our appreciation of evidence must always be on
issues/charges.

5. Reference to Evidence (Oral and Documentary): Oral evidence (e.g.,

PW-1, DW-1) and documentary evidence (e.g., Ex.P-1, Ex.D-1) should be
briefly referenced by witness number and exhibit number, respectively. A
brief overview of the number of witnesses and documents presented by
each party should be included.

6. The Law and the Issues: Identification of the law and issues depends
on the specific case context. This includes situations where facts are
common, where parties agree on law, or where both facts and law are in
dispute, or where the case depends on applying law to facts.

7. Applying the Law to the Facts / Decision on Issues Framed or

Points Formulated: This stage determines how the case is decided.
Issues or points should be decided in the order they are framed. Findings,
especially in criminal trials, should be recorded charge-wise. Arguments
must be discussed with reference to evidence, and findings must be
supported by clear reasons and logic, rather than merely accepting or
rejecting a party's case. Findings should be cohesive and linked, forming
a reasoned and "speaking" judgment.

8. Determining the Relief: This section, including costs, depends on the

findings of law and fact, and the conduct of the proceedings.
9. Decretal/Operative Part: This records the final outcome, such as
granting or refusing relief in civil cases, or convicting or acquitting the
accused in criminal cases. Judgment should finally record the result of the
determination either granting relief or refusing to grant such relief in civil
cases and convicting or acquitting the accused in criminal case and in the
case of conviction, clearly indicating the quantum of sentence both in
terms of imprisonment and fine and consequences of failure to pay fine
within the prescribed time. Even in civil cases, this part of the judgment
should be stated in clearest terms, leaving no scope for ambiguity. It
should exactly indicate what the Court requires the parties to do and how
the decision should be executed, and which party has to carry it out, the
deadline for execution thereof. If it is a money decree, the amount of
money to be paid, by which party, to whom and if interest is also to be
paid, the rate and the period for which it has to be paid.

In civil cases. Order 48 Rule 3 of CPC provides that the forms given in the
appendices, may be used as a guideline with such variation as the
circumstances of each case may require, for the purpose therein
mentioned.

11. Signature: The judgment concludes with the presiding officer's clear
signature, typed name, designation, and the date of signing.

Qualities of a Good Judgment

The effectiveness of a judgment is gauged by its ability to clearly

communicate the judge's intent to the readers. Several qualities are
essential for a good judgment:

• Clarity and Conciseness: A judgment should be simple, brief, and

clear. Lengthy judgments are generally not appreciated and can be
 boring. Lucidity, rather than style, should be the prime aim. The
guiding principle is "Simple, brief and clear is best".
• Language: Use easy and simple language that communicates
immediately and faster. Avoid unfamiliar terminology, complicated
phraseology, flowery language, literary allusions, or unnecessary
words. Employ the active voice rather than the passive voice for
direct impact. Judges should maintain a dignified and restrained
tone, refraining from sarcasm in judgments. The language must be
understandable to litigants, legal professionals, and other judges,
laying down clear and definite law.
• Reasoning: As previously stated, all conclusions must be
supported by reasons duly recorded. Findings should be reasoned
and speaking," meaning they clearly explain how and why a
conclusion was reached, rather than merely stating "dismissed" or
"allowed". Parties have a fundamental right to understand how the
judgment was reached.
• Evidence Appreciation: The judge should analyze evidence with
care and thoroughness, discussing it and giving reasons for
believing or disbelieving a particular witness. This involves testing
the veracity of witnesses using pleadings, admitted documents, and
identifying interested parties.
• Avoiding Extensive Quoting: Judges should refrain from quoting
extensively from pleadings, evidence, or precedents. Instead, they
should summarize and discuss these in their own language, quoting
only the absolutely essential parts. Excessive quoting merely adds
length and can obscure the central issues.
• Headings and Sub-headings: Using these can help arrange the
judgment cohesively, aid reader convenience, and avoid repetition.
 This helps readers navigate to specific sections of interest, prevents
repetition, and keeps the discussion lively.
• Criticism: Criticism of parties, witnesses, or non-parties should be
avoided unless absolutely necessary, and then expressed with
utmost restraint, sobriety, and dignity.

The Judge's Role and Conduct

The judge's role and conduct are integral to the quality of judgment writing
and the administration of justice:

• Judicial Qualities: Hon'ble Murray Gleeson AC, a highly respected

Australian jurist also a former Chief Justice of Australia, identifies
Independence, Impartiality, Fairness, and Competence as four
aspects of judicial status or performance.
• Impartiality: This is the essence of justice administration, requiring
a demeanor that assures parties their case will be heard on its
merits without personal predisposition. Judges should shun bias
and prejudice (external or internal) and set aside personal
philosophies and sympathies when assuming judicial robes, owing
allegiance only to impartiality, truth, and justice.
• Active Participation: A judge should do "homework" by perusing
pleadings, depositions, and issues before a hearing. This makes the
hearing comfortable for the judge and interesting for lawyers,
allowing the judge to become a participating Judge who clarifies
factual discrepancies and discusses legal application. This active
participation builds confidence in litigants, ensuring justice is seen
to be done.
 • Maintaining Notes: Judges should note down points during
hearings, which assists in preparing the judgment and serves as a
valuable repository of information.
• Understanding Issues: It is better to ask questions to understand
the issue and its finer nuances of law than to attempt a decision
without fully grasping them. The object of such questions should be
to elicit relevant clarifications, not to exhibit knowledge.
• Judicial Demeanor: The judge's conduct in court greatly influences
confidence. A judge should exhibit keenness to get to the root of the
case and a desire to do justice. Caution should be exercised to avoid
remarks that indicate a pre-determined mind or inclination towards
one party.
• Refinement and continuous Improvement: The adage "There is
no such thing as good writing, there is only good rewriting" aptly
applies to judgment writing. A comprehensive editing process
should include, using a checklist for topics/issues, checking
accuracy of data, eliminating repetition, excluding irrelevant
findings, pruning lengthy quotations, removing jargon, simplifying
complex sentences, correcting punctuation, and scrutinizing
paragraph length.

Judgments in Criminal Cases

Judgments in criminal cases have specific requirements mandated by the

Criminal Procedure Code (CrPC):

• As per Section 354 of the Criminal Procedure Code (CrPC) or 393

of Bharatiya Nagarik Suraksha Samhitha (BNSS), the judgment
must contain the point(s) for determination, the decision, and the
reasons for the decision.
 • It must specify the Section of law under which the accused is
convicted and the punishment imposed.
• Separate sentences must be passed for each proved offense.
• The judgment should also indicate whether sentences run
concurrently or consecutively.
• It must state whether the accused is entitled to a set-off for any
period of detention undergone as an under-trial (as per Sections 427
and 428 CrPC or sec 467 and 468 BNSS).
• In case of acquittal, the court must state the offense of which the
accused is acquitted and direct their liberty.
• The importance of the trial judge is even greater in criminal cases,
as a wrong acquittal is as detrimental as an erroneous conviction.
The framing of the charge is crucial.
• Common sense, logic, respect for moral values, and an
understanding of human psychology are necessary for judges to
render effective justice in criminal cases.
• Section 353 of the CrPC mandates that judgments be delivered in
open court.
• Section 363 of the CrPC or section 404 of BNSS affirms the
accused's right to a free copy of the judgment, to be furnished
immediately if a sentence of imprisonment is passed.

Challenges and Importance of Quality

Writing a good quality judgment is an ongoing challenge amidst

swelling litigation and insufficient research facilities. Despite judges being
overburdened with cases, quality can never be sacrificed for quantity. A
lack of clarity in judgments can lead to criticism, appeals, or even remands
for fresh consideration. Clarity is paramount across facts, submissions,
law points, reasoning, findings, and the final operative relief.
Delay in Delivery of the Judgment

Judgment should be delivered at the earliest possible time. In fact Order

XX Rule 1 of CPC in its proviso requires that every endeavour should be
made by the Court to pronounce the judgment within thirty days from the
date on which the hearing of the case is concluded and if it is not
practicable to do so on the ground of the exceptional and extraordinary
circumstances of the case, the Court should fix a future date for
pronouncement of the judgment which should not ordinarily be beyond
sixty days from the date on which the hearing of the case was concluded.
Early pronouncement of the judgment may save the Judge from
unnecessary criticism.

Conclusion

Judgment writing is a demanding yet indispensable skill for judicial

officers. It is a meticulous process that culminates in a self-contained
document, providing a comprehensive narrative of the case, the court's
resolution, and the reasoning behind it. The effectiveness of justice is
significantly enhanced when judgments are clear, concise, well-reasoned,
and diligently edited. By adhering to core principles, structural elements,
and maintaining judicial integrity, judges can consistently deliver high-
quality judgments that uphold the fairness of the judicial system, build
public confidence, and serve as clear guides for all parties involved. The
commitment to quality, despite challenges, is paramount to ensuring that
justice is not only done but is seen to be manifestly done.

“Judgment writing: Where the art of words meets the essence of

justice.”