After hearing arguments and points of law (if any), the Judge shall give a judgment in the case. If the accused is convicted, the Judge shall, unless he proceeds in accordance with the provisions of section 360 hear the accused on the question of sentence, and then pass sentence on him according to law.
Code of Criminal Procedure, 1973
Section 235
Judgment of acquittal or conviction
Englishहिंदी
🔄 CrPC equivalent: BNS Sec. 258⚖️ Bail Procedure Guide🔨 Punishment & Liability Guide🔍 Compare Old vs New
⚡ Quick Answer Reference: Section 235 CrPC
- Provision: Section 235 of CrPC
- Act: Code of Criminal Procedure, 1973
- Classification: criminal procedure
- Jurisdiction: India
- Summary: This section requires a judge to deliver a judgment after hearing arguments and points of law. If the accused is convicted, the judge must hear them on the question of sentence before passing sentence according to law.
Statutory Content
What does Section 235 of CrPC say?
Indian StandardSection 235, Code of Criminal Procedure, 1973
Bluebook (21st ed.)Code of Criminal Procedure, 1973, § 235 (India)
Court Pleading StandardSection 235 of the Code of Criminal Procedure, 1973
Canonical Web linkhttps://nyaya.cloud/acts/code-of-criminal-procedure-1973/235
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).
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Section Meaning & Purpose
What does Section 235 of CrPC mean?
Plain English Explanation
This section requires a judge to deliver a judgment after hearing arguments and points of law. If the accused is convicted, the judge must hear them on the question of sentence before passing sentence according to law.
Practical Interpretation
In practice, this section ensures that the accused has an opportunity to be heard on the matter of sentencing, allowing them to present mitigating circumstances or other factors that may influence the sentence.
Core Legal Purpose
The core purpose of this section is to ensure that the accused receives a fair trial and is given an opportunity to be heard before a sentence is passed, upholding the principles of natural justice.
Key Legal Elements
- •The judge must hear arguments and points of law before delivering a judgment.
- •If the accused is convicted, the judge must hear them on the question of sentence.
- •The sentence must be passed according to law.
- •The judge may proceed in accordance with the provisions of section 360, which allows for the release of an offender after admonition.
Practical Example
Practical Example of Section 235 CrPC
For example, if Rajesh is accused of a crime and is found guilty, the judge will hear arguments from the prosecution and defense before delivering a judgment. If Rajesh is convicted, the judge will then hear him on the question of sentence, allowing Rajesh to present any mitigating circumstances or factors that may influence the sentence. The judge will then pass sentence according to law.
Common Questions (FAQ)
Frequently Asked Questions about Section 235 CrPC
Q: What is the punishment or consequence under Section 235 of CrPC?
This section is a procedural provision and does not prescribe a penal punishment. The sentence will be passed according to law, taking into account the circumstances of the case.
Q: Does this section apply to private individuals or public entities?
This section applies to any person accused of a crime, regardless of whether they are a private individual or a public entity.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with the classification of offences as bailable or cognizable. It is a procedural provision that outlines the process for delivering a judgment and passing sentence.
People Also Ask (PAA)
Common Questions about Section 235 CrPC
What is Section 235 of CrPC?
Section 235 of the Code of Criminal Procedure, 1973 (CrPC) defines and regulates "Judgment of acquittal or conviction". In plain terms: This section requires a judge to deliver a judgment after hearing arguments and points of law. If the accused is convicted, the judge must hear them on the question of sentence before passing sentence according to law.
What is the punishment under Section 235 of CrPC?
Section 235 of CrPC does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 235 of CrPC bailable or non-bailable?
Whether Section 235 of CrPC is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 235 of CrPC?
The essential elements of Section 235 of CrPC are: The judge must hear arguments and points of law before delivering a judgment.; If the accused is convicted, the judge must hear them on the question of sentence.; The sentence must be passed according to law..
What replaced Section 235 of IPC in BNS?
Section 235 of the Indian Penal Code (IPC) was replaced by Section 258 of the Bharatiya Nyaya Sanhita (BNS) 2023. There was no material change in the provision.
Law Transition Mapping
Replaced by New Law
This SectionSection 235Code of Criminal Procedure (CrPC)
→New LawSection 258Bharatiya Nagarik Suraksha Sanhita (BNSS)
✓ No material change in the provision.
View New Law Equivalent →Compare Side-by-Side →Landmark Case Laws
Landmark Judgments under Section 235 CrPC
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
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