judgment

In civil law, Section 2(9) CPC defines judgment as the statement given by the judge of the grounds of a decree or order. A judgment contains a concise statement of the case, the points for determination, the decision on them and the reasons. The decree is the formal expression of the result that follows from the judgment; students often confuse the two.

In criminal cases, the judgment is pronounced at the end of the trial and either acquits or convicts and sentences the accused; it must state the point for determination, the decision and the reasons. The usual spelling in Indian statutes and law reports is “judgment”, not “judgement”.

Example

Under Section 2(9) CPC the judgment gives the reasons, while the decree drawn up from it conclusively records the rights of the parties.

In Indian law

• Section 2(9) and Order XX, Code of Civil Procedure, 1908
• Section 392 BNSS (old s.353 CrPC): pronouncement of judgment in criminal trials

See also

decree · order · ratio decidendi · obiter dicta

Read more in the study notes

• Separation of powers and its bearing on administrative law (Administrative Law)
• Classification of administrative action (Administrative Law)
• Reasoned decisions, exceptions to natural justice, effect of breach and Article 136 (Administrative Law)
• Central Vigilance Commission, parliamentary committees and commissions of inquiry (Administrative Law)
• ADR and the Civil Procedure Code: section 89 and Afcons (Alternative Dispute Resolution Systems)
• Arbitrators: qualities, appointment, challenge and substitution (Alternative Dispute Resolution Systems)