367. Language of judgment Contents of judgment.__(1) Every such judgment shall, except as
otherwise expressly provided by this Code, be written by the presiding officer of the Court 1[or from the
dictation of such presiding officer] in the language of the Court, or in English; and shall contain the point
or points, for determination, the decision, thereon and the reasons for the decision, and shall be dated and
signed by the presiding officer in open Court at the time of pronouncing it 2[and where it is not written by
the presiding officer with his own hand, every page of such judgment shall be signed by him].
(2) It shall specify the offence (if any) of which, and the section of the Pakistan Penal Code (XLV of
1860) or other law under which, the accused is convicted, and the punishment to which he is sentenced.
(3) Judgment in alternative. When the conviction is under the Pakistan Penal Code (XLV of 1860) and
it is doubtful under which of two sections, or under which of two parts of the same section, of that Code the
offence falls, the Court shall distinctly express the same, and pass judgment in the alternative.
(4) If it be a judgment of acquittal, it shall state the offence of which the accused is acquitted and direct
that he be set at liberty.
(5) If the accused is convicted of an offence punishable with death, and the Court sentences him to any
punishment other than death, the Court shall in its judgment state the reason why sentence of death was not
passed [ .]
3
* * * * *
*
4
[(6) For the purposes of this section, an order under section 118 or section 123, subsection (3), shall be
deemed to be a judgment.]
5
368. Sentence of death._(1) When any person is sentenced to death, the sentence shall direct that he be
hanged by the neck till he is dead.
6
* * * * *
369. Court not to alter judgment. 7[Save as otherwise provided by this Code or by any other law for
the time being in force or, in the case of a High Court 8* * *, by the Letters Patent of such High Court, no
Court], when it has signed its judgment, shall alter or review the same, except 9* * *to correct a clerical
error.
1 Ins. ibid., s.100.
2 Ins. by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923), s.100.
3 Subs. by the Law Reforms Ordinance, 1972 (12 of 1972)s.2 and Sch., for “fullstop”.
For enforcement of this amendment in the Provinces, see, para 2 of footnote 3 on p. 40, supra.
4 Proviso omitted ibid.
5 Subsection (6) ins. ibid.
6 Subsection (2) omitted by the Criminal Procedure (Amdt.) Act, 1974, (25 of 1974), s.2 and Sch., (w.e.f . 1341972)
7 Subs. ibid., s.101, for “No Court other than a High Court”.
8 The words “established by Royal Charter” omitted by the Central Laws (Statute Reform ) Ordinance, 1960 (21 of 1960) s.3 and 2nd Sch. (with effect from the 14th October, 1955).
9 The words and figures “as provided in sections 395 and 484 or” rep. by Act 18 of 1923, s.101.
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