Metropolitan Magistrate’s judgment :
Section – 355 . Instead of recording a judgment in the manner hereinbefore provided, a Metropolitan Magistrate shall record the following particulars, namely :—
| (a) | Â | the serial number of the case ; |
| (b) | Â | the date of the commission of the offence ; |
| (c) | Â | the name of the complainant (if any) ; |
| (d) | Â | the name of the accused person, and his parentage and residence ; |
| (e) | Â | the offence complained of or proved ; |
| (f) | Â | the plea of the accused and his examination (if any) ; |
| (g) | Â | the final order ; |
| (h) | Â | the date of such order ; |
| (i) | Â | in all cases in which an appeal lies from the final order either under section 373 or under sub-section (3) of section 374, a brief statement of the reasons for the decision. |
COMMENTS
LAW COMMISSION REPORTS
Metropolitan Magistrate not to record detailed judgment – This section corresponds to section 370 of the old Code. It relieves Metropolitan Magistrates (corresponding to Presidency Magistrates) of the task of writing a detailed judgment setting out the point or points for determination, the decision thereon, the reasons for the decision, etc., as provided in the preceding section for other Magistrates. The anomaly in the old provision was pointed out by the Law Commission as follows :
Anomaly in the old provision – “It will be noticed that under section 411 a sentence of fine not exceeding Rs. 200 is not appealable and, presumably because of this fact, section 370, clause (i) does not require a Presidency Magistrate to record the reasons for the conviction when the fine is within this limit. In regard to sentences of imprisonment, however the said clause is not logical even where the imprisonment inflicted is not more than six months and consequently the sentence is not appealable under section 411, the Presidency Magistrate has to record reasons for the conviction. Then again, although a judgment of acquittal is appealable under section 417, the Presidency Magistrate need not record even a brief statement of the reasons for his decision which the prosecution might not always find satisfactory. We consider that it would be more logical and reasonable to provide in clause (i) of section 370 that , in all cases in which an appeal lies from the final order either under section 411 or under section 417, the Presidency Magistrate should record a brief statement of the reasons for his decision.”
Reasons to be recorded in case of appealable final order – The Law Commission, therefore, recommended that in all cases in which an appeal lies from the final order, the Presidency Magistrate should record a brief statement of the reasons for his decision. This has, accordingly been provided in clause (i) of the section in place of clause (i) of old section 370.