Short notes on Civil and Criminal Judgments

Judgements can be civil judgments or criminal judgments.

Civil judgment is defined under Section 2(9), C.P.C. as the statement given by the judge of the grounds of a decree or order.

Section 2(2) defines decree as the formal expression of an adjudication which conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the SUIT and may be either a preliminary decree or a final decree.

Section 2(14) defines order as the formal expression of any decision of a Civil Court which is not a decree. Curiously, Section 2 Cr.P.C. did not define a judgment; nor does any provision in the Cr.P.C. defines judgment for Judgment in the Code of Criminal Procedure means only a judgment of conviction or acquittal.

It is curious because chapter 27 of the Cr.P.C, deals elaborately with the judgments in criminal cases. Sec. 353 Cr.P.C. commences with the phrase as to when a judgment shall be pronounced and elaborates the contents of the judgment.

The Criminal Rules of Practice 1990 framed by the High Court of Andhra Pradesh also did not define a ‘criminal judgment’.

The Halsbury’s Laws of England [4th Edition, vol 26, p. 237, para 501] points out: “The meaning of ‘Judgment and Order’ – the terms “Judgment” and “Order” in the widest sense may be said to include any decision given by a court on a question or questions at issue between the parties to a proceeding properly before the Court. The definition of judgment and order referred to in the Laws of England obviously relates to a civil judgment”.