Source: Bombay High Court

Why in News?

Recently, a bench of Justice M S Karnik observed that petitioner is suffering from 83% physical disability and in the interest of justice, this is a fit case where the judgment can be pronounced by the trial Court by permitting the petitioner to present himself through video conferencing.

• Bombay High Court gave this judgment in the case of Ashwini Kumar Sharma v. State of Maharashtra and Anr.

What is the Background of Ashwini Kumar Sharma v. State of Maharashtra & Anr.?

• The petitioner is charged under several sections of the Indian Penal Code, 1860 (IPC) and the Prevention of Corruption Act, 1988.
• A petitioner suffering from 83% disability requested the Bombay High Court to allow him to attend the pronunciation of judgment through video conferencing.
• However, the Central Bureau of Investigation (CBI) who is respondent no. 2 in the case opposed the attendance through video conferencing citing it as against Section 353 of Code of Criminal Procedure, 1973 (CrPC).

What was the Court’s Observation?

• Bombay HC said that if the judgment is pronounced by permitting the petitioner to attend through video conferencing, the petitioner shall not raise any plea in any proceeding that the judgment is invalid only by the reason that he was not physically present at the time of pronouncement of judgment.

What is the Legal Provision Involved?

• About:
  • Section 353 of CrPC talks about Judgment, Procedure for Pronouncement, Delivery, along with Duty of accused to attend the pronouncement.
  • This Section does not limit the power of the court to reverse or alter the sentence under Section 465 of CrPC.
• Procedure for Pronouncement:
  • Sub-section 1 of the judgment is a mandatory provision covering the procedure for pronouncement of judgment.
  • 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,
    • by delivering the whole of the judgment; or
    • by reading out the whole of the judgment; or
    • by reading out the operative part of the judgment and explaining the substance of the judgment in a language which is understood by the accused or his pleader.
• Signing of Judgment:
  • Sub-section 2 states that 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.
  • Sub-section 3 states that 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.
• Copy of Judgment:
  • After pronouncement, the whole judgment or a copy thereof shall be immediately made available for the perusal of the parties or their pleaders free of cost.
• Attendance of Accused:
  • If the accused is in custody, he shall be brought up to hear the judgment pronounced.
  • 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.
• Result of Absence of Party:
  • Sub-section 7 states that 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.
• Current Scenario:
  • The aforementioned provision is covered under Section 392 of Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS) which is the new procedural law for criminal cases.