(4) Nothing in this section shall be deemed to apply to the examination of an accused person under
section 263 1* * *.
365. Record of evidence in High Court. Every High Court 2* * * 3* * * 4* * * 5[shall] from time to
time, by general rule prescribe the manner in which evidence shall be taken down in cases coming before
the Court, 6[and the evidence shall be taken down in accordance with such rule].
_______________
CHAPTER XXVI
OF THE JUDGMENT
366. Mode of delivering judgment._(1) The judgment in every trial in any Criminal Court of original
jurisdiction shall be pronounced, or the substance of such judgment shall be explained,__
(a) in open Court either immediately after the termination of the trial or at some subsequent time of
which notice shall be given to the parties or their pleaders, and
(b) in the language of the Court, or in some other language which the accused or his pleader
understands:
Provided that the whole judgment shall be read out by the presiding Judge, if he is requested so to do
either by the prosecution or the defence.
(2) The accused shall, if in custody, be brought up, or, if not in custody, be required by the Court to
attend, to hear judgement delivered, except where his personal attendance during the trial has been
dispensed with and the sentence is one of fine only or he is acquitted, in either of which cases it may be
delivered in the presence of his pleader.
(3) 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.
(4) Nothing in this section shall be construed to limit in any way the extent of the provisions of section
537.
1 The words “or in the course of a trial held by a Presidency Magistrate” omitted by A.O, 1949, Sch. These words were subs. by Act 37 of 1923, s.2, for "or section 362, subsection (2A)” which had
been ins. by Act 18 of 1923, s.98.
2 The words “within the meaning of the Government of India Act, 1935”, which were subs. by A.O., 1949, Sch., for “established by Royal Charter [or the Chief Court of Oudh]” omitted by A.O.,
1961, Art. 2 and Sch., (with effect from the 23rd March, 1956), The words in crotchets were ins by the Oudh Courts (Supplementary) Act, 1925 (32 of 1925), s.2 and Sch.
3 The word “and” rep. by the Lower Burma Courts Act, 1900 ( 6 of 1900).
4 The words “the Chief Court of the Punjab” rep. by Act 18 of 1919.
5 The words “and the Chief Court of Lower Burma” rep. by Act 11 of 1923, s.3 and Sch.II.
6 Subs. for "may” by the code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923), s. 99.
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