The Judgment MCQ Quiz in தமிழ் - Objective Question with Answer for The Judgment - இலவச PDF ஐப் பதிவிறக்கவும்

Explanation - 354. Language and contents of judgment. Except as otherwise expressly provided by this Code, every judgment referred to in section 353,-

(a) shall be written in the language of the Court;

(b) shall contain the point or points for determination, the decision thereon and the reasons for the decision;

(c) shall specify the offence (if any) of which, and the section of the Indian Penal Code (45 of 1860 ) or other law under which, the accused is convicted and the punishment to which he is sentenced;

(d) if it be a judgment of acquittal, shall state the offence of which the accused is acquitted and direct that he be set at liberty.

(3) When the conviction is for an offence punishable with death or, in the alternative, with imprisonment for life or imprisonment for a term of years, the judgment shall state the reasons for the sentence awarded, and, in the case of sentence of death, the special reasons for such sentence

The correct answer is option 2.

Key Points

Section 354 of CrPC says Language and contents of judgment.—

(1) Except as otherwise expressly provided by this Code, every judgment referred to in section 353,—
(a) shall be written in the language of the Court;
(b) shall contain the point or points for determination, the decision thereon and the reasons for the decision;
(c) shall specify the offence (if any) of which, and the section of the Indian Penal Code (45 of 1860) or
other law under which, the accused is convicted, and the punishment to which he is sentenced;
(d) if it be a judgment of acquittal, shall state the offence of which the accused is acquitted and direct that
he be set at liberty.
(2) When the conviction is under the Indian Penal Code (45 of 1860) and it is doubtful under which of two sections, or under which of two parts of the same section, of that Code the offence falls, the Court shall distinctly express the same, and pass judgment in the alternative.
(3) When the conviction is for an offence punishable with death or, in the alternative, with imprisonment for life or imprisonment for a term of years, the judgment shall state the reasons for the sentence awarded, and, in the case of sentence of death, the special reasons for such sentence.
(4) When the conviction is for an offence punishable with imprisonment for a term of one year or more, but the Court imposes a sentence of imprisonment for a term of less than three months, it shall record its reasons for awarding such sentence, unless the sentence is one of imprisonment till the rising of the Court or unless the case was tried summarily under the provisions of this Code.
(5) When any person is sentenced to death, the sentence shall direct that he be hanged by the neck till he is dead.
(6) Every order under section 117 or sub-section (2) of section 138 and every final order made under section 125, section 145 or section 147 shall contain the point or points for determination, the decision thereon and the reasons for the decision

The correct answer is Option 4.

Key Points Chapter 27 ,Sections 353 to 365 deals with the issue of "the judgment".

• "Judgment" means the expression of the opinion of the judge or Magistrate arrived at after due consideration of evidence and the arguments.
• It is final reasoned decision of the court as to the guilt or innocence of the accused. 
• Judgment means a judgment of conviction or acquittal, but not an order of discharge (Under Section 245).

Section 353 in The Code Of Criminal Procedure, 1973
Judgment.
(1) The judgment in every trial in any Criminal Court of original jurisdiction shall be pronounced in open Court by the Presiding officer
immediately after the termination of the trial or at some subsequent time of which notice shall be given to the parties or their pleaders,-
      (a) by delivering the whole of the judgment; or
      (b) by reading out the whole of the judgment; or
      (c) by reading out the operative part of the judgment and explaining the substance of the judgment in a language which is understood by the accused or his pleader.

If a Judge dies after writing his judgment but before delivering it in open court, the judgment is not to be considered as a judgment, but merely as an opinion. if a judge who prepared the judgment died before it was delivered, another judge cannot deliver it [Surendra Singh v. State of U.P. AIR 1954]. No expression of opinion by a judge becomes a judgment until it is pronounced. 

The correct answer is It is by a court in an enemy country.

Key Points

• A foreign judgment can be considered as having a final and conclusive effect, serving as res judicata, unless it falls within one of the six exceptions outlined in Section 13 of the Civil Procedure Code (C.P.C.), and provided that it meets the conditions specified in Section 11 of the C.P.C.
• The provisions established in Section 13 represent principles of substantive law rather than mere procedural guidelines.
• The lack of evidence in the foreign judgment detailing that every distinct issue, such as the status of the parties involved or the calculation of damages, was explicitly framed and resolved does not, on its own, undermine its validity.
• This is only a concern if such an omission can be demonstratively linked to one of the exceptions specified in Section 13.
• According to Section 13 of the Code of Civil Procedure, a foreign judgment has a conclusive effect and serves as res judicata among the involved parties, except in the scenarios it outlines.
• This means that a foreign judgment is considered final regarding any matters it directly addresses unless it meets any of the conditions specified from clauses (a) to (f) within the section, at which point it becomes subject to reevaluation or dispute.
• As per Dicey's perspective, a foreign judgment is treated as definitive on any issue it deals with and cannot be challenged for errors, whether they are factual or legal in nature.
• However, there are six specified circumstances under which a foreign judgment will not be deemed conclusive:
  • The judgment did not originate from a court with the proper authority;
  • The judgment was not based on the evaluation of the case's merits;
  • The judgment is in contradiction with international or Indian laws;
  • The judgment violates the principles of natural justice;
  • The judgment was secured through fraudulent means;
  • The judgment is based on a violation of Indian law.

The correct answer is None of the above.

Key Points 

 Why option 1 is correct ?

• A court can order that a fine be applied to defraying the expenses of the prosecution.
• This is allowed under Section 357(1)(a) of the Code of Criminal Procedure, 1973.
• The fine can also be used to pay compensation to the victim of the crime, or to reimburse the government for the costs of the investigation and prosecution.
• Why option 2 is correct ?
• A court can order compensation for the rehabilitation of a victim even if the case ends in acquittal or discharge. This is because the purpose of compensation is not solely to punish the offender, but also to provide assistance to the victim in recovering from the harm they have suffered.
• Why option 3 is correct ?
• The court's power to order compensation to the victim of an offense is generally tied to its power to impose a sentence of fine. This is because the power to order compensation is often seen as an ancillary power to the power to impose a fine. In other words, the court's authority to order compensation flows from its authority to impose a fine.

The correct answer is Section 357C

Key Points 

Section 357C of the Code of Criminal Procedure (Cr. P.C.) mandates that all hospitals, whether public or private, must provide immediate first aid or medical treatment, free of cost, to victims of any offense covered under the following sections of the Indian Penal Code (IPC):

1. Section 326A: Assault with intent to outrage modesty
2. Section 376: Rape
3. Section 376A: Kidnapping or abducting in order to commit rape
4. Section 376AB: Habitual rape
5. Section 376B: Rape by a person on a woman under his control
6. Section 376C: Rape on a woman knowing her to be pregnant
7. Section 376D: Rape on a woman under twelve years of age
8. Section 376DA: Gang rape on a woman under twelve years of age
9. Section 376DB: Gang rape on a woman under sixteen years of age
10. Section 376E: Punishments for rape committed during war or armed conflict

• Additionally, Section 357C requires hospitals to immediately inform the police about such incidents. This provision ensures that victims of sexual offenses receive prompt medical attention and that the police are alerted to take necessary action.