CrPC Section 365
Section 365 of the Criminal Procedure Code (CrPC), India:
⚖️ Section 365 CrPC — Court to state reasons for sentence
✅ What it means:
This section requires a Criminal Court to record its reasons for the sentence it imposes after a conviction — especially when a punishment of imprisonment is ordered.
🔍 Key Provisions:
Mandatory Statement of Reasons:
Whenever a court passes a sentence, it must record the reasons for choosing that particular sentence.
Importance of Transparency:
The reasoning must be clear and specific, not vague.
This promotes judicial accountability and allows higher courts to review the sentence during appeal or revision.
Part of the Judgment:
The reasons for the sentence must be included in the judgment.
🧾 Why is it important?
Prevents arbitrary sentencing.
Helps ensure fairness and proportionality.
Supports the right to appeal, as the appellate court can understand the basis of the lower court’s decision.
📌 Example:
If a person is convicted of theft and sentenced to 3 years’ imprisonment, the court must explain why it chose imprisonment over probation, fine, or a lighter sentence.
Example reasoning might include: "Due to the repeated nature of the offence and lack of remorse, a deterrent punishment is necessary."
🧑⚖️ Summary:
Section 365 CrPC ensures that the court must explain the sentence it imposes in a criminal case.
This is part of ensuring fair trial procedures and judicial transparency.
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