Code of Criminal Procedure, 1973 · Chapter XVIII: Trial Before A Court of Session
Section 235: Judgment of acquittal or conviction
The Code of Criminal Procedure, 1973 was repealed and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.
(1) After hearing arguments and points of law (if any), the Judge shall give a judgment in the case.
(2) If the accused is convicted, the Judge shall, unless he proceeds in accordance with the provisions of section 360, hear the accused on the questions of sentence, and then pass sentence on him according to law.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 235
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Sachin v. State of Maharashtra
Issue arose whether, the High Court could enhance the sentence under its revisional powers in a convict’s appeal against conviction.
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Harshad Gupta v. The State of Chhattisgarh
The Judge who had convicted the appellant was transferred post conviction, before the appellant could be heard on the quantum of sentence and a new Judge was posted in his place. Appellant relying on Sections 353 and…
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Sunita Devi v. The State of Bihar & Anr.
Need for a comprehensive sentencing policy. Trial against the accused under Protection of Children from Sexual Offences Act, 2012 was conducted by the judicial officer in utmost haste and the accused was denied due…
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Mallappa & Ors. v. State of Karnataka
The trial Court acquitted appellants-accused nos.3, 4 and 5 for the commission of murder of one ‘M’. However, the High Court reversed the order of acquittal and held the appellants guilty of the commission of murder.…
- Harendra Rai v. The State of Bihar & Ors.
- Sundar @ Sundarrajan v. State by Inspector of
- Sukhpal Singh Khaira v. The State of Punjab
- In Re: Framing Guidelines Regarding Potential Mitigating Circumstances to Be Considered While Imposing Death Sentences v. In Re: Framing Guidelines Regarding Potential Mitigating Circumstances to Be Considered While Imposing Death Sentences
- Manoj Pratap Singh v. The State of Rajasthan
- Manoj & Ors v. State of Madhya Pradesh
- Mohd. Firoz v. State of Madhya Pradesh
- Bhagwani v. The State of Madhya Pradesh
- Irappa Siddappa Murgannavar v. State of Karnataka
- Dharmesh @ Dharmendra @ Dhamo Jagdishbhai @ Jagabhai Bhagubhai Ratadia & Anr. v. The State of Gujarat
- The State of Odisha v. Banabihari Mohapatra and Anr.
- Shatrughna Baban Meshram v. State of Maharashtra
- Somasundaram @ Somu v. The State Rep. by the Deputy Commissioner of Police
- Manoj Suryavanshi v. State of Chhattisgarh
- Manoharan v. State by Inspector of Police, Variety Hall Police Station, Coimbatore
- Accused 'X' v. State of Maharashtra
- Dattatraya @ Datta Ambo Rokade v. The State of Maharashtra
- Md Mannan @ Abdul Mannan v. State of Bihar
- Nand Kishore v. State of Madhya Pradesh
- Rajendra Pralhadrao Wasnik v. State of Maharashtra
- Chhannu Lal Verma v. The State of Chhattisgarh
- Babasaheb Maruti Kamble v. State of Maharashtra
- Gorusu Nagaraju S/O Apparao v. State of Andhra Pradesh
- Justice K S Puttaswamy (Retd.), and Anr. v. Union of India and Ors.
- Shayara Bano v. Union of India and Others
- Mukesh & Anr. v. State for NCT of Delhi & Ors.
- Vasanta Sampat Dupare v. State of Maharashtra
- Ravada Sasikala v. State of Andhra Pradesh & Anr.
- B.A. Umesh v. Registrar General, High Court of Karnataka
- Mohd. Feroz Khan@ Feroz v. State of Andhra Pradesh