The Judgement 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. With respect to Judgement which one of the following is NOT correct?

Correct option is D

The correct option is: (d) For valid delivery of judgement presence of both the parties is essential

Explanation

According to the procedural laws governing criminal trials (specifically Section 353 of the CrPC or Section 392 of the Bharatiya Nagarik Suraksha Sanhita, 2023), while it is standard procedure for parties to be present, their absence does not render a judgment invalid.

• Rule of Validity: The law explicitly states that no judgment delivered by a Criminal Court shall be deemed invalid merely because a party or their pleader was absent on the day or at the place where it was pronounced.
• Contradiction in Option (d): Therefore, the statement that the presence of both parties is "essential" for a valid delivery is legally incorrect. The court can proceed to pronounce the judgment even in the absence of a party, provided the required notices or orders for attendance were issued.

Information Booster

• Pronouncement in Open Court: Every judgment must be pronounced in open court by the presiding officer immediately after the trial or at a scheduled time with prior notice.
• Language and Mode: The judgment must be delivered in the language of the court. It can be delivered by reading out the whole judgment, reading out the operative part (the final decision/punishment), or by explaining the substance of the judgment in a language understood by the accused.
• Signature: The presiding officer must sign the judgment and date it at the time of pronouncement in open court.