Hearing

Posted on by Rudrajyoti Nath Ray

Section 235, Cr.P.C. [Section 258, Bharatiya Nagarik Suraksha Sanhita, 2023]

Section 360, Cr.P.C. [Section 401, Bharatiya Nagarik Suraksha Sanhita, 2023]

As would be clear, under Section 235(1), if accused is convicted, Judge shall, unless he proceeds in accordance with provisions of Section 360, hear accused on question of sentence, and then pass sentence on him according to law. If it is an Appellate Court which is convicting accused for first time after reversing an acquittal, Appellate Court has to hear convict on sentence.

– Hon’ble Justice K.V. Viswanathan, Mukesh Kumar Yadav v. State (Union Territory of Andaman & Nicobar Islands), [Criminal Appeal Nos. 2863-2864 of 2026].

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'The Last Word' seeks to include not only wise and witty sayings but also curiosities. These words are not of obligation but of delight. I am not alone in my refusal to believe, law is tedious. For all who escaped these percipient eyes, mea culpa maxima. History, after all, has many cunning passages, contrived corridors and issues.