THE CODE OF CRIMINAL PROCEDURE, 1973: CHAPTER XXVII

CHAPTER XXVII - THE JUDGMENT

353. 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

judgment in a language which is understood by the accused or his pleader.

(2) Where the judgment is delivered under clause (a) of sub-section (1), the presiding officer

shall cause it to be taken down in short-hand, sign the transcript and every page thereof as soon

as it is made ready, and write on it the date of the delivery of the judgment in open Court.

(3) Where the judgment or the operative part thereof is read out under clause (b) or clause (c) of

sub-section (1), as the case may be, it shall be dated and signed by the presiding officer in open

Court and if it is not written with his own hand, every page of the judgment shall be signed by

him.

(4) Where the judgment is pronounced in the manner specified in clause (c) of sub-section (1),

the whole judgment or a copy thereof shall be immediately made available for the perusal of the

parties or their pleaders free of cost.

(5) If the accused is in custody, he shall be brought up to hear the judgment pronounced.

(6) If the accused is not in custody, he shall be required by the Court to attend to hear the

judgment pronounced, except where his personal attendance during the trial has been dispensed

with and the sentence is one of fine only or he is acquitted:

Provided that, where there are more accused than one, and one or more of them do not

attend the Court on the date on which the judgment is to be pronounced, the presiding officer

may, in order to avoid undue delay in the disposal of the case,

pronounce the judgment notwithstanding their absence.

(7) No judgment delivered by any Criminal Court shall be deemed to be invalid by reason only

of the absence of any party or his pleader on the day or from the place notified for the delivery

thereof, or of any omission to serve, or defect in serving, on the parties or their pleaders, or any

of them, the notice of such day and place.

(8) Nothing in this section shall be construed to limit in any way the extent of the provisions of

section 465.

Comments

High Court in revision set aside the order of acquittal on the ground that order of the Session

Court is contrary to section 353 of the Act and remanded the case for fresh hearing. The Supreme

Court held that interference by High Court was not justified; Ramu & Ram Kumar v. Jagannath,

1994 Cr LJ 66 (SC).

354. 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;

(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 dealt 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 of

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.

Comments

All murders being terrific if all murderers are to be sentenced with death sentence, section 354

(3) will become a dead law; Muniappan v. State of Tamil Nadu, AIR 1981 SC 1221; (1981) Cr

LJ 726: (1981) 3 SCC 11: 1981 SCC (Cr) 317.

355. Metropolitan Magistrate's Judgment.

Instead of recording a judgment in the manner hereinbefore provided, a Metropolitan Magistrate

shall record the following particulars, namely:—

(a) the serial number of the case;

(b) the date of the commission of the offence;

(d) the name of the accused person, and his parentage and residence;

(e) the offence complained of or proved;

(f) the plea of the accused and his examination (if any);

(g) the final order;

(h) the date of such order;

(i) in all cases in which an appeal lies from the final order either under section 373 or under subsection

(3) of section 374, a brief statement of the reasons for the decision.

356. Order for notifying address of previously convicted offender.

(1) When any person, having been convicted by a Court in India of an offence punishable under

section 215, section 489A section 489B, section 489C or section 489D of the Indian Penal Code

(45 of 1860) or of any offence punishable under Chapter XII or Chapter XVII of that Code, with

imprisonment for a term of three years or upwards, is again convicted of any offence punishable

under any of those sections or Chapters with imprisonment for a term of three years or upwards

by any Court other than that of a Magistrate of the second class, such Court may, if it thinks fit,

at the time of passing a sentence of imprisonment on such person, also order that his residence

and any change of, or absence from, such residence after release be notified as hereinafter

provided for a term not exceeding five years from the date of the expiration of such sentence.

(2) The provisions of sub-section (1) with reference to the offences named therein, apply also to

criminal conspiracies to commit such offences and to the abetment of such offences and attempts

to commit them.

(3) If such conviction is set aside on appeal or otherwise such order shall become void.

(4) An order under this section may also be made by an Appellate Court or by the High Court or

Court of Session when exercising its powers of revision.

(5) The State Government may, by notification, make rules to carry out the provisions of this

section relating to the notification of residence or change of, or absence from, residence by

released convicts.

(6) Such rules may provide for punishment for the breach thereof and any person charged with a

breach of any such rule may be tried by a Magistrate of competent jurisdiction in the district in

which the place last notified by him as his place of residence is situated.

357. Order to pay compensation.

(1) When a Court imposes a sentence of fine or a sentence (including a sentence of death) of

which fine forms a part, the Court may, when passing judgment order the whole or any part of

the fine recovered to be applied—

(a) in defraying the expenses properly incurred in the prosecution;

(b) in the payment to any person of compensation for any loss or injury caused by the

offence, when compensation is, in the opinion of the Court, recoverable by such person in

a Civil Court;

person or of having abetted the commission of such an offence, in paying compensation

to the persons who are, under the Fatal Accidents Act, 1855 (13 of 1855), entitled to

recover damages from the person sentenced for the loss resulting to them from such

death;

(d) when any person is convicted of any offence which includes theft, criminal

misappropriation, criminal breach of trust, or cheating, or of having dishonestly received

or retained, or of having voluntarily assisted in disposing of, stolen property knowing or

having reason to believe the same to be stolen in compensating any bona fide purchaser

of such property for the loss of the same if such property is restored to the possession of

the person entitled thereto.

(2) If the fine is imposed in a case which is subject to appeal, no such payment shall be made

before the period allowed for presenting the appeal has elapsed, or if an appeal be presented,

before the decision of the appeal.

(3) When a Court imposes a sentence, of which fine does not form a part, the Court may, when

passing judgment order the accused person to pay, by way of compensation such amount as may

be specified in the order to the person who has suffered any loss or injury by reason of the act for

which the accused person has been so sentenced.

(4) An order under this section may also be made by an Appellate Court or by the High Court or

Court of Session when exercising its powers of revision.

(5) At the time of awarding compensation in any subsequent civil suit relating to the same

matter, the Court shall take into account any sum paid or recovered as compensation under this

section.

STATE AMENDMENTS

Andhra Pradesh:

(i) In sub-section (1), after the words "the Court may", the expression "and where a person

against whom an offence is committed belongs to Scheduled Castes or Scheduled Tribes as

defined in Clauses (24) and (25) of Article 366 of the Constitution of Indian except when both

the accused person and the person against whom an offence is committed belong either to such

castes or tribes, the Court shall," shall be inserted, and

(ii) for sub-section (3), the following sub-section shall be substituted, namely—

"(3) When a Court imposes a sentence, of which fine does not form a part, the Court may, and

where a person against whom an offence is committed belongs to Scheduled Castes or Scheduled

Tribes as defined in Clauses (24) and (25) of Article 366 of the Constitution of India, the Court

shall, when passing judgment, order the accused person to pay, by way of compensation, such

amount as may be specified in the order to the person who has suffered any loss or injury by

reason of the act for which the accused person has been so sentenced:

Provided that the Court may not order the accused person to pay by way of compensation

any amount, if both the accused person and the person against whom an offence is committed

belongs either to the Scheduled Castes or the Scheduled Tribes."

[Vide A.P. Act 21 of 1993 (w.e.f. 3-9-1993).

Bihar:

In sub-section (1) of section 357, the following provision shall be added, namely:—

"Provided that the person against whom an offence is committed, belongs to Scheduled Castes

and to Scheduled Tribes as defined in clause (24) and clause (25) of Article 366 of the

Constitution, the Court shall at the time of judgment pass order that the entire amount of fine

realised or any part of it will be unutilised for the benefit of such person by way of

compensation."

[Vide Bihar Act 9 of 1985, sec. 2 (w.e.f. 13-8-1985).

Karnataka:

(1) In sub-section (1), after the words "the Court may" the brackets, figures and words "and

where the person against whom an offence is committed belongs to a Scheduled Caste or a

Scheduled Tribe as defined in clauses (24) and (25) of Article 366 of the Constitution and the

accused person doesn't belong to a Scheduled Caste or a Scheduled Tribe the Court shall" shall

be inserted.

(2) for sub-section (3), the following sub-section shall be substituted, namely:—

"(3) When a Court imposes a sentence of which the fine does not form a part, the Court may, and

where a person against whom an offence is committed belongs to a Scheduled Caste or a

Scheduled Tribe as defined in clauses (24) and (25) of article 366 of the Constitution and the

accused person does not belong to a Scheduled Caste or a Scheduled Tribe, the Court shall when

passing judgment order the accused person to pay, by way of compensation, such amount as may

be specified in the order to the person who has suffered any loss or injury by reason of the act for

which the accused person has been so sentenced."

[Vide Karnataka Act 27 of 1987, sec. 2 (w.e.f. 22-7-1987).

Madhya Pradesh:

In section 357,—

(i) In sub-section (1), for the brackets, figure and words "(1) When a Court imposes a sentence of

fine or a sentence (including a sentence of death) of which fine forms a part, the Court may,

when passing judgment, order the whole or any part of the fine recovered to be applied" the

brackets, figure and words "(1) When a Court imposes a sentence of fine or a sentence (including

a sentence of death) of which fine forms a part, the Court may, and where a person against whom

an offence is committed belongs to a Scheduled Caste or a Scheduled Tribe as defined in clauses

(24) and (25) and of Article 366 of the Constitution except when both the accused person and the

person against whom an offence is committed belong either to such Castes or Tribes, the Court

shall, when passing judgment, order the whole or any part of the fine recovered to be applied—"

shall be substituted; and

(ii) for sub-section (3), the following sub-section shall be substituted, namely:—

"(3) When Court imposes a sentence, of which fine does not form a part, the Court may, and

where a person against whom an offence is committed belongs to Scheduled Castes or Scheduled

Tribes as defined in clauses (24)

and (25) of Article 366 of the Constitution, the Court shall when passing judgment order the

accused person to pay, by way of compensation, such amount as may be specified in the order to

the person who has suffered any loss or injury by reason of the act for which the accused person

has been so sentenced:

"Provided that the Court may not order the accused person to pay by way of compensation any

amount if both the accused person and the person against whom an offence is committed belong

either to the Scheduled Castes or the Scheduled Tribes."

[Vide M.P. Act 29 of 1978 (w.e.f. 5-10-1978).

Rajasthan:

In section 357,—

(i) In sub-section (1), between the expression "the Court may" and the expression "when passing

judgment" the expression "and where the person against whom an offence is committed belongs

to a Scheduled Caste or a Scheduled Tribe but the accused person does not so belong, the Court

shall" shall be inserted; and

(ii) in sub-section (3), between the expression "the Court may" and the expression "when passing

judgment" the expression "and where the person against whom an offence is committed" belongs

to a Scheduled Caste or a Scheduled Tribe but the accused person does not so belong, the Court

shall", shall be inserted.

[Vide Rajasthan Act No. 3 of 1993, sec. 2.

Uttar Pradesh:

In section 357,—

(a) in sub-section (1), after clause (d), the following proviso shall be inserted, namely:—

"Provided that if a person who may receive compensation under clauses (b), (c) and (d) a

member of the Scheduled Castes or the Scheduled Tribes and the person sentenced is not a

member of such Castes or Tribes, the Court shall order the whole or any part of the fine

recovered to be applied in payment of such compensation."

(b) for sub-section (3), the following sub-section shall be substituted, namely:—

"(3) When the Court imposes a sentence, of which fine does not form a part, the Court may, and

where the person who has suffered the loss or injury is a member of the Scheduled Castes or the

Scheduled Tribes and the person sentenced is not a member of such Castes or Tribes the Court

shall, when passing judgment, order the person sentenced to pay, by way of compensation, such

amount as may be specified in the order to the person who has suffered any loss or injury by

reason of the act for which the person has been so sentenced."

"Explanation.—For the purposes of this section the expressions `Scheduled Castes' and

`Scheduled Tribes' shall have the meanings respectively assigned to them in clauses (24) and

(25) of Article 366 of the Constitution."

[Vide U.P. Act 17 of 1992, sec. 2.

West Bengal:

(a) In sub-section (1), for the words and brackets "When a Court imposes a sentence of fine or a

sentence including a (sentence of death) of which fine forms a part, the Court may, when passing

judgment, order the whole or any part of the fine recovered to be applied—" the words and

brackets "When a Court imposes a sentence of fine or a sentence (including a sentence of death)

of which fine forms a part, the Court may, and where the person against whom an offence has

been committed belongs to Scheduled Castes or Scheduled Tribes, except when both the accused

person and the person against whom an offence has been committed belong either to Scheduled

Castes or to Scheduled Tribes shall, when passing judgment order the whole or any part of the

fine recovered to be applied—" shall be substituted.

(b) for sub-section (3), the following sub-section shall be substituted, namely:—

(3) When a Court imposes a sentence, of which fine does not form a part, the Court may, and

where the person against whom an offence has been committed belongs to

Scheduled Castes or Scheduled Tribes, shall, when passing judgment order the accused person to

pay, by way of compensation, such amount as may be specified in the order to the person who

has suffered any loss or injury by reason of the act for which the accused person has been so

sentenced:

Provided that the Court may not order the accused person to pay by way of compensation, any

amount if both the accused person and the person against whom an offence has been committed

belong either to Scheduled Castes or to Scheduled Tribes."

"Explanation.—For the purposes of the section the expression "Scheduled Castes" and

"Scheduled Tribes" shall have the meaning respectively assigned to them in clauses (24) and (25)

of Article 366 of the Constitution of India".

[Vide W.B. Act 33 of 1985, sec. 3.

Comments

(i) Where there is no sentence of fine or where convict has been let off on probation, there can be

no direction for compensation under section 357(a); Girdhari Lal v. State of Punjab, AIR 1982

SC 129: (1982) Cr LJ 1741: 1982 (1) SCC 603: 1982 SCC (Cr) 325.

(ii) The power of the Court to award compensation under section 357 is not ancillary to other

sentence, but it is an addition thereto; Arjunan v. State of Tamil Nadu, (1997) 2 Crimes 447

(Mad).

(iii) The quantum of compensation may be determined by taking in account the nature of the

crime, the manner in which it has been committed the justness of claim by the victim and the

ability of the accused to pay; Arjunan v. State of Tamil Nadu, (1997) 2 Crime 447 (Mad).

358. Compensation to persons groundlessly arrested.

(1) Whenever any person causes a police officer to arrest another person, if it appears to the

Magistrate by whom the case is heard that there was no sufficient ground of causing such arrest,

the Magistrate may award such compensation, not exceeding one hundred rupees, to be paid by

the person so causing the arrest to the person so arrested, for his loss of time and expenses in the

matter, as the Magistrate thinks fit.

(2) In such cases, if more persons than one are arrested, the Magistrate may, in like manner,

award to each of them such compensation, not exceeding one hundred rupees, as such Magistrate

thinks fit.

(3) All compensation awarded under this section may be recovered as if it were a fine, and, if it

cannot be so recovered, the person by whom it is payable shall be sentenced to simple

imprisonment for such term not exceeding thirty days as the Magistrate directs, unless such sum

is sooner paid.

359. Order to pay costs in non-cognizable cases.

(1) Whenever any complaint of a non-cognizable offence is made to a Court, the Court, if it

convicts the accused, may, in addition to the penalty imposed upon him, order him to pay to the

complainant, in whole or in part, the cost incurred by him in the prosecution, and may further

order that in default of payment, the accused shall suffer simple imprisonment for a period not

exceeding thirty days and such costs may include any expenses incurred in respect of processfees

witnesses and pleader's fees which the Court may consider reasonable.

(2) An order under this section may also be made by an Appellate Court or by the High Court or

Court of Session when exercising its powers of revision.

360. Order to release on probation of good conduct or after admonition.

(1) When any person not under twenty-one years of age is convicted of an offence punishable

with fine only or with imprisonment for a term of seven years or less, or when any person under

twenty-one years of age or any woman is convicted of an offence not punishable with death or

imprisonment for life, and no previous conviction is proved against the offender, if it appears to

the Court before which he is convicted, regard being had to the age, character or antecedents of

the offender, and to the circumstances in which the offence was committed, that it is expedient

that the offender should be released on probation of good conduct, the Court may, instead of

sentencing him at once to any punishment, direct that he be released on his entering into a bond,

with or without sureties, to appear and receive sentence when called upon during such period

(not exceeding three years) as the Court may direct and in the meantime to keep the peace and be

of good behaviour:

Provided that where any first offender is convicted by a Magistrate of the second class

not specially empowered by the High Court, and the Magistrate is of opinion that the powers

conferred by this section should be exercised, he shall record his opinion to that effect, and

submit the proceedings to a Magistrate of the first class forwarding the accused to or taking bail

for his appearance before, such Magistrate, who shall dispose of the case in the manner provided

by sub-section (2).

(2) Where proceedings are submitted to a Magistrate of the first class as provided by sub-section

(1), such Magistrate may thereupon pass such sentence or make such order as he might have

passed or made if the case had originally been heard by him, and, if he thinks further inquiry or

additional evidence on any point to be necessary, he may make such inquiry or take such

evidence himself or direct such inquiry or evidence to be made or taken.

(3) In any case in which a person is convicted of theft, theft in a building, dishonest

misappropriation, cheating or any offence under the Indian Penal Code (45 of 1860) punishable

with not more than two years' imprisonment or any offence punishable with fine only and no

previous conviction is proved against him, the Court before which he is so convicted may, if it

thinks fit, having regard to the age, character, antecedents or physical or mental condition of the

offender and to the trivial nature of the offence or any extenuating circumstances under which

the offence was committed, instead of sentencing him to any punishment, release him after due

admonition.

(4) An order under this section may be made by any Appellate Court or by the High Court or

Court of Session when exercising its powers of revision.

(5) When an order has been made under this section in respect of any offender, the High Court or

Court of Session may, on appeal when there is a right of appeal to such Court, or when

exercising its powers of revision, set aside such order, and in lieu thereof pass sentence on such

offender according to law:

Provided that the High Court or Court of Session shall not under this sub-section inflict a

greater punishment than might have been inflicted by the Court by which the offender was

convicted.

(6) The provisions of sections 121, 124 and 373 shall, so far as may be apply in the case of

sureties offered in pursuance of the provisions of this section.

(7) The Court, before directing the release of an offender under sub-section (1) shall be satisfied

that an offender or his surety (if any) has a fixed place of abode or regular occupation in the

place for which the Court acts or in which the offender is likely to live during the period named

for the observance of the conditions.

(8) If the Court which convicted the offender, or a Court which could have dealt with the

offender in respect of his original offence, is satisfied that the offender has failed to observe any

of the conditions of his recognizance, it may issue a warrant for his apprehension.

(9) An offender, when apprehended on any such warrant, shall be brought forthwith before the

Court issuing the warrant, and such Court may either remand him in custody until the case is

heard or admit him to bail with a sufficient surety conditioned on his appearing for sentence and

such Court may after hearing the case, pass sentence.

(10) Nothing in this section shall affect the provisions of the Probation of Offenders Act, 1958

(20 of 1958), or the Children Act, 1960 (60 of 1960), or any other law for the time being in force

for the treatment , training or rehabilitation of youthful offenders.

Comments

For offence under section 323 of the Indian Penal Code appellant not being sent to jail but

released on probation under section 360 (1) is justified; Om Prakash v. State of Madhya

Pradesh, AIR 1982 SC 783

361. Special reasons to be recorded in certain cases.

Where in any case the Court could have dealt with—

(a) an accused person under section 360 or under the provisions of the Probation of Offenders

Act, 1958 (20 of 1958), or

(b) a youthful offender under the Children Act, 1960 (60 of 1960), or any other law for the time

being in force for the treatment, training or rehabilitation of youthful offenders, but has not done

so, it shall record in its judgment the special reasons for not having done so.

362. Court not to alter judgment.

Save as otherwise provided by this Code or by any other law for the time being in force, no

Court when it has signed its judgment or final order disposing of a case, shall alter or review the

same except to correct a clerical or arithmetical error.

Comments

(i) In case of sentence of imprisonment for offence punishable under section 302, I.P, subsequent

alteration of sentence under section 304, Part 1, Indian Penal Code by High Court is not proper

under section 362; Naresh v. State of Uttar Pradesh, AIR 1981 SC 1385: (1981) Cr LJ 1044:

1981 SCC (Cr) 285: (1981) Cr LR (SC) 432.

(ii) Inherent power of Court not contemplated by saving provision in section 362; Sooraj Devi v.

Pyarelal, AIR 1981 SC 736: (1981) Cr LJ 296: (1981) 1 SCC 500: (1981) SCC (Cr) 188: (1981)

Cr LR (SC) 174.

363. Copy of judgment to be given to the accused and other persons.

(1) When the accused is sentenced to imprisonment, a copy of the judgment shall, immediately

after the pronouncement of the judgment, be given to him free of cost.

(2) On the application of the accused, a certified copy of the judgment, or when he so desires, a

translation is his own language if practicable or in the language of the Court, shall be given to

him without delay, and such copy shall, in every case where the judgment is appealable by the

accused be given free of cost:

Provided that where a sentence of death is passed or confirmed by the High Court, a

certified copy of the judgment shall be immediately given to the accused free of cost whether or

not he applies for the same.

(3) The provisions of sub-section (2) shall apply in relation to an order under section 117 as they

apply in relation to a judgment which is appealable by the accused.

(4) When the accused is sentenced to death by any Court and an appeal lies from such judgment

as of right, the Court shall inform him of the period within which, if he wishes to appeal his

appeal should be preferred.

(5) Save as otherwise provided in sub-section (2) any person affected by a judgment or order

passed by a criminal Court shall, on an application made in this behalf and on payment of the

prescribed charges, be given a copy of such judgment or order of any deposition or other part of

the record:

Provided that the Court may, if it thinks fit for some special reason, give it to him free of

cost.

(6) The High Court may, by rules provide for the grant of copies of any judgment or order of a

Criminal Court to any person who is not affected by a judgment or order on payment, by such

person, of such fees, and subject to such conditions, as the High Court may, by such rules

provide.

STATE AMENDMENT

Karnataka:

In section 363 after the proviso to sub-section (5), the following proviso shall be inserted,

namely:—

"Provided further that the State shall, on an application made in this behalf by the Prosecuting

Officer, be given, free of cost, a certified copy of such judgment, order,

deposition or record with the prescribed endorsement."

[Vide Karnataka Act 19 of 1985, sec. 2 (w.e.f. 25-6-1985).

364. Judgment when to be translated.

The original judgment shall be filed with the record of the proceedings and where the original is

recorded in a language different from that of the Court and the accused so requires, a translation

thereof into the language of the Court shall be added to such record.

365. Court of Session to send copy of finding and sentence to District Magistrate.

In cases tried by the Court of Session or a Chief Judicial Magistrate, the Court or such Magistrate

as the case may be, shall forward a copy of its or his finding and sentence (if any) to the District

Magistrate within whose local jurisdiction the trial was held.

367. Power to direct further inquiry to be made or additional evidence to be taken.

(1) If, when such proceedings are submitted, the High Court thinks that a further inquiry should

be made into or additional evidence taken upon, any point bearing upon the guilt or innocence of

the convicted person, it may make such inquiry or take such evidence itself, or direct it to be

made or taken by the Court of Session.

(2) Unless the High Court otherwise directs, the presence of the convicted person may be

dispensed with when such inquiry is made or such evidence is taken.

(3) When the inquiry or evidence (if any) is not made or taken by the High Court, the result of

such inquiry or evidence shall be certified to such Court.

368. Power of High Court to confirm sentence or annul conviction.

In any case submitted under section 366, the High Court—

(a) may confirm the sentence, or pass any other sentence warranted by law, or

(b) may annul the conviction, and convict the accused of any offence of which the Court of

Session might have convicted him, or order a new trial on the same or an amended charge, or

Provided that no order of confirmation shall be made under this section until the period

allowed for preferring an appeal has expired, or, if an appeal is presented within such period,

until such appeal is disposed of.

369. Confirmation or new sentence to be signed by two Judges.

In every case so submitted, the confirmation of the sentence, or any new sentence or order passed

by the High Court, shall when such Court consists of two or more Judges, be made, passed and

signed by at least two of them.

370. Procedure in case of difference of opinion.

Where any such case is heard before a Bench of Judges and such Judges are equally divided in

opinion, the case shall be decided in the manner provided by section 392.

371. Procedure in cases submitted to High Court for confirmation.

In cases submitted by the Court of Session to the High Court for the confirmation of a sentence

of death, the proper officer of the High Court shall, without delay, after the order of confirmation

or other order has been made by the High Court, send a copy of the order under the seal of the

High Court and attested with his official signature, to the Court of Session