CrPC Section 235 – Judgment Of Acquittal Or Conviction

What Does CrPC Section 235 State?

As per Section 235 of the CrPC, once the prosecution and the defence complete the evidence and arguments to be taken on record, the court should decide upon its judgment. The section is intended to provide a fair trial for the alleged and to have the verdict only on the merits of the case.

This section is divided into 2 sub-sections:

Sub-section (1): If the Sessions Court finds the accused guilty, the sentence to be passed by it is imprisonment and/or fine.

Sub-section (2): After finding the accused guilty, the court must hear the accused before passing the final sentence.

Importance Of Section 235

Section 235 discusses transparency and the right to a fair trial. It verifies principles of natural justice by placing a requirement on the court to hear the defendant in court at sentencing after conviction as a way of putting mitigating circumstances into account.

Key Features Of Section 235

Here's a breakdown of the key aspects outlined in the section:

1. Judgment Of acquittal

The court is obliged to acquit the accused if it finds that the prosecution has not proved the guilt of the accused beyond all reasonable doubt. The acquittal judgment has to be veritable, precise, and founded on reasons.

Importance

• Prevents wrongful conviction.
• You promote the principle that the accused is innocent until proven guilty.

2. Judgment Of Conviction

The court must go through the next stage if it finds the accused guilty, which should assess the appropriate sentence for the accused if the court finds him or her guilty. The accused must be heard on the issue before the court can pass a sentence against him.

Hearing on sentencing

Section 235(2) is a very important feature. It allows the accused to argue mitigating factors relevant to the sentencing decision. These factors may include:

• Age of the accused.
• Events that prepared for the offence.
• The behaviour of the accused within the trial.
• How the sentence affects the accused and his family.

3. Bifurcation Of Trial And Sentencing

One of the unique aspects of Section 235 is the bifurcation of the trial into two distinct stages:

• Determination of guilt.
• Sentencing.

This separation keeps the court from deciding anything about guilt based on the impact of any possible sentencing.

Procedural Aspects Under Section 235

The process under Section 235 follows a structured approach:

Step 1: Recording evidence

All of the evidence presented by the prosecution as well as the defense is recorded by the court. Material evidence is scrutinized and witnesses are examined.

Step 2: Closing arguments

The final arguments are with both sides. The prosecution is trying to prove guilt beyond a reasonable doubt; the defense is trying to show those inconsistencies and weaknesses in the prosecution’s case.

Step 3: Delivering The Judgment

If the court agrees with either party, his evidence, and his arguments, then the court decides the matter. But if the accused is acquitted, this case will end. But if convicted, the case goes on to the next step.

Step 4: Hearing On Sentencing

Once convicted, the court hears the sentencing matter. This includes arguments or considerations that form the basis for leniency, in other words, the lenient sentence.

Step 5: Pronouncing The Sentence

The court decides the sentence once it has heard, and it pronounces this based on a number of relevant factors.

The Process After A Decision

Now that we understand the different verdicts a judge can deliver under CrPC Section 235, let's explore the next steps involved:

Scenario 1: Acquittal

If the accused is acquitted, it usually means the judge says they’re free to leave. That charge has no further legal proceedings. However, the case could still be wide open. Although more unlikely, the prosecution might wish to appeal to a higher court under certain circumstances.

Scenario 2: Conviction

In the case of a conviction, the judge has two options:

Pronouncing Sentence Immediately

This is the normal case. After the conviction, the judge may ask for an appropriate sentence at once, considering the crime's gravity and the offender's circumstances. It could run various sentences, including a fine and imprisonment.

Following Provisions Of Section 235

CrPC Section 235 explains the situation when a judge may not pronounce a term immediately. For instance, if an offender is a first-time offender and has remorse, or if the offence committed is even minor, the judge is likely to release the offender on probation or, perhaps, on an admonition (a formal warning).

Additional Considerations

Right to appeal: If it acquits, or if it convicts, both parties can appeal the judgment to a higher court. That means the decision of the lower court is reviewed and may have a different result.

Following proper procedures: The delivery of a judgment under set legal procedures is emphasized by CrPC Section 235. It guarantees we are fair and have a reduced potential for wrongful convictions or unfair acquittals.

Legal precedents Related To Section 235

Bachan Singh v. State Of Punjab (1980)

The most famous aspect of this landmark case is the importance of hearing the accused before imposing the death penalty. It upheld the principle of individual punishment under Section 235(2).

Santa Singh v. State Of Punjab (1976)

Not hearing the accused before sentencing is a violation of natural justice and procedural fairness, and the Supreme Court has viewed it as such.

Section 235 In Practice: A Case Study

September 2022, Supreme Court Judgment

A recent Supreme Court judgment reiterated the need for a separate hearing in the High Court for sentencing. It was also said that skipping the sentencing stage violates the fundamental rights of the accused and is a breach of their rights as far as the reasonableness and fairness of the trial are concerned.

Reflecting a consistent judicial sensitivity towards procedural integrity under Section 235, this judgment drew attention to the judiciary’s determination to ensure procedural integrity.

Significance Of Section 235 In The Indian Legal System

This seemingly straightforward section is crucial for ensuring a fair and just legal system. Here's why:

Ensuring Fair Trials

Section 235 provides the accused a fair trial by requiring a thorough review of evidence and an opportunity to be heard with regard to sentencing.

Balancing justice And humanity

The section nicely balances the need for justice with the principle of humanity by allowing a separate hearing on sentencing.

Preventing Unleashing Arbitrary Sentencing

The bifurcated process helps limit the chance of an overly or arbitrarily harsh sentence by requiring the court to consider all relevant factors.

Challenges And Criticisms

While Section 235 is vital for justice, certain challenges persist:

Lack Of Uniform Application

The clear guidelines notwithstanding, courts often fail to conform literally to the procedural rigors in Section 235. It can become an appeal and delay.

Failed Consideration Of Mitigating Factors

Courts do not give sufficient consideration to mitigating factors when sentencing, so sometimes harsh penalties are imposed.

Overburdened Judiciary

The existence of a high workload of courts often leads courts to expend no time at all in the sentencing stage, contradicting the vision behind Section 235.

References:

https://capitalvakalat.com/blog/section-235-crpc/

https://api.sci.gov.in/supremecourt/2022/10730/10730_2022_1_1502_38349_Judgement_19-Sep-2022.pdf

https://www.latestlaws.com/bare-acts/hindi-acts/140470

https://indiankanoon.org/doc/1604716/

https://kanoongpt.in/bare-acts/the-code-of-criminal-procedure-1973/arrangement-of-sections-chapter-xviii-section-235-f462c04cb2b4ba51