Back to Table Of
Contents
CHAPTER 1
Practice in the trial of Criminal Cases
PART H -- THE JUDGMENT
1. Contents of a judgment.-- (i) In all cases a judgment must be drawn up
containing (1) the point or points for determination, (2) the decision thereon, and (3)
the reasons for the decision. In case of a conviction, the offence, the law applicable,
and the punishment awarded, must be entered in the judgment. In case of acquittal, the
offence must be specified and (if the accused is in confinement) a direction given that he
be set at liberty. When there are more than one accused, the case of each should be dealt
with separately.
(ii) Judgment should be dated, signed and pronounced in the presence of the
accused.-- The judgment should be written in the language of the Court or in English;
it should be pronounced in open Court, and dated and signed by the presiding officer at
the time it is pronounced. Except where the attendance of the accused has been dispensed
with during the trial, and the sentence to be passed is one of fine only or when the
judgment is one of acquittal, the accused should be in attendance when judgment is
pronounced. No Court has power to alter or review a judgment once signed except for the
purpose of correcting a clerical error, or for the purpose of revising a sentence of
whipping under section ***[...] 395 of the Code.
(iii) Judgments not written by the Magistrate.-- When the judgment is not
written by the presiding officer with his own hand every page of it shall be signed by
him.
(iv) ***[Omitted].
(v) ***[Omitted].
(vi) ***[Omitted].
(vii) ***[Omitted].]
2. Criminal powers of the Courts should be noted in the record and final order.-- Every
Judicial Officer hearing, conducting or deciding a criminal proceeding, trial or appeal is
responsible that the record and the final order in such criminal proceedings, trial or
appeal shall disclose the criminal powers which such officer exercised in hearing or
deciding such proceeding, trial or appeal.
*
[3. The Powers of various Criminal Courts -- The powers referred to
in the above rule are the following:-
(i) Courts of Session:-
(a) Sessions Judge.
(b) Additional Sessions Judge.
(ii) Judicial Magistrates:-
(a) Magistrates of the first class.
(b) Magistrates of the second class.
(c) Magistrates of the third class.
(d) Special Judicial Magistrates.
(e) Magistrates empowered under section 30 or 260 of the Code of Criminal Procedure.
(iii) Executive Magistrates:-
(a) District Magistrates.
(b) Additional District Magistrates.
(c) Sub-Divisional Magistrates.
(d) Special Executive Magistrates.
(e) Magistrates of the first class.
(f) Magistrates of the second class.
(g) Magistrates of the third class.]
4. Special powers to be noted in the record and final order.-- When an officer
exercises powers specially conferred, -- for example, the power to try cases summarily, or
the power to pass sentences of whipping in the case of a Magistrate of the second class,
the record and final order in any criminal proceeding or trial shall disclose the fact
that such officer is specifically empowered in that behalf.
5. Separate Judgments in riot cases.-- In riot cases in which members of
opposite factions are separately tried, separate judgments should be recorded. ***[...]
*
[6. Criticism on the conduct of Police and other officers.- It is
undesirable for Courts to make remarks censuring the action of Police Officers unless such
remarks are strictly relevant to the case. Whenever a Magistrate finds it necessary to
make any criticism on the work and conduct of any Government servant, he should send a
copy of his judgment to the Sessions Judge in the case of Judicial Magistrate and to the
District Magistrate, in the case of Executive Magistrate who will forward a copy of it to
the Registrar, Lahore High Court, Lahore.
Similarly, Sessions Judges shall also send a copy of their judgment containing
criticism of the work and conduct of police officers to the D.I.G. concerned. They shall
also send a copy of the judgment direct to the High Court.]
Award of Compensation and Costs.
7. Award of costs.-- Certain of the costs incurred by a complainant in a
complaint of a non-cognizable offence may be recovered from a convicted accused in the
manner provided in section 546-A of the Code. The costs incurred in enforcing an order of
a Magistrate for the removal of a nuisance may be recovered from the person against whom
the order is made in the event of his disobeying the order. The costs, incurred by any
party in the proceedings relating to dispute as to immovable property under Chapter XII of
the Code, may be awarded to him against any other party by the Magistrate, and may be
realised as if the amount awarded was a fine. The costs incurred in proceedings under
sections 87 to 89 of the Code, in dealing with the property of persons absconding to avoid
process, may be recovered from such property.
8. Application of fine towards costs and compensation.-- When a fine is imposed
by a Criminal Court, the Court may order the whole or any part of the fine recovered to be
applied-
(a) in defraying expenses properly incurred in the prosecution;
(b) in compensation for any loss or injury caused by the offence committed, where
substantial compensation is, in the opinion of the Court, recoverable by civil suit;
(c) in compensating bona fide purchase of stolen property.
Compensation not to be paid until appeal is decided.-- If the fine is imposed in
a case which is subject to appeal, the compensation must not be paid away until the period
for appeal has elapsed, or, if an appeal is presented, before it is decided. Cases have
occurred when the lower court has paid the compensation in ignorance of the fact that an
appeal has been lodged and later on when on appeal the amount has been reduced or
remitted, it has become impossible to obtain a refund from the complainants. Therefore,
the lower courts should not pay compensation to the complainant until they are satisfied
by examining the records of the case and making a reference to the appellate court that no
appeal or revision has been lodged. Compensation so awarded must be taken into account in
any subsequent civil suit relating to the same matter (sections 545 and 546 of the Code).
9. Award of compensation to accused.-- (i) In the case of any offence triable by
a Magistrate and instituted upon complaint or upon information given to a Police officer
or to a Magistrate if the Court discharges or acquits all or any of the accused and is of
opinion that the accusation against them or any of them was false and either frivolous or
vexatious, the Court, by its order of discharge or acquittal, (a) if the complainant or
informant is present, may call upon him forthwith to show cause why he should not pay
compensation to such or each of such accused, or (b) if he is not present, may direct the
issue of a summons to him to appear and to show cause.
(ii) After recording and considering any cause, which may be shown, the Magistrate, if
satisfied that the accusation was of the character aforesaid, may, for reasons to be
recorded, direct the complainant or informant to pay to the accused or to each or any of
them compensation not exceeding *[twenty five thousand] rupees or, if the
Magistrate is a Magistrate of the third class, not exceeding *[two thousand and
five hundred rupees. (See section 250 CrPC)].
*
[(iii) The compensation payable under Section 250 is recoverable as arrears
of land revenue.]
(iv) An appeal is provided for in cases where the order is by a Magistrate of the
second or third class and where any other Magistrate has ordered the payment of
compensation exceeding Rs. 50. Where no appeal lies the amount of compensation shall not
be paid to the accused person or persons until the expiration of one month from the date
of the order. In other cases it shall not be paid until the period allowed for the appeal
has elapsed or the appeal has been decided. ***[...]
(v) If this provision of the law is enforced with discretion, it may be expected to
largely reduce the number of groundless and frivolous complaints filed. In fixing the
amount of compensation awarded, the Court should be careful to consider the position of
the accused as well as that of the complainant. Excessive amounts should not be awarded.
Compounding of offences.
10. Acquittal of accused when offence is compounded.-- The compounding of an
offence under section 345 of the Code of Criminal Procedure, with or without the
permission of the Court, has the effect of an acquittal. In such cases, no judgment on
acts is needed, but the statement of all the parties concerned must be recorded and in
cases where permission of the Court is necessary for compounding the offence the reasons
for granting permission should be stated in the order directing the acquittal of the
accused.
11. Compounding cases of grievous hurt should be discouraged.-- There is a
growing tendency to allow cases of grievous hurt to be compounded, and from inquiries made
it appears that in most districts Magistrates are too prone to allow cases of the kind
enumerated in section 345 (2) of the Code of Criminal Procedure to be compounded, when the
complainant asks for it. In some instances this may be due to ignorance of the fact that
the law allows the Courts discretion to grant or refuse permission to compound, but there
are indications that it is sometimes due to the desire of Magistrates to get the cases
disposed of as quickly as possible. The effect of this practice must clearly be bad, and
in districts where the people are naturally turbulent and addicted to settling their
disputes by force, it must encourage crimes of violence.
12. Points to be considered before a compromise is permitted.-- The facts of
each case require careful consideration before a compromise is permitted. In particular,
the following points should be considered:-
(a) Whether the assault was premeditated.
(b) Whether it was provoked in any way by the complainant.
(c) The nature and extent of the injury inflicted.
(d) The nature of the weapon or means used.
(e) Whether the compromise is the result of a genuine reconciliation, or caused by
undue pressure on the complainant.
(f) The relationship, if any, between the parties.
(g) The extent to which violent crime is prevalent in the locality.
In districts where crimes of violence are common, the interests of society demand that
permission to compound should ordinarily be refused when serious injury has been caused,
and a deterrent sentence of imprisonment should be awarded, except when the assault has
been provoked by any act of person injured. In every case in which a Magistrate allows the
parties to compromise, his reasons should be recorded in his order.
LHC - Shahrah-e-Quaid-e-Azam -
Lahore - Pakistan
Computer Cell, Lahore High Court.
Comments Or Suggestions to webmaster@lhc.gov.pk
For Further Information: info@lhc.gov.pk