Judgment
Also called: Judgement
Under Section 2(9) of the CPC, the statement given by the Judge of the grounds of a decree or order.
Explained
Section 2(9) of the CPC defines judgment as the statement given by the Judge of the grounds of a decree or order. The judgment is thus the reasoning, while the decree under Section 2(2) is the formal expression of an adjudication that conclusively determines the rights of the parties, and an order under Section 2(14) is the formal expression of any decision of a Civil Court that is not a decree. A judgment can exist without a decree, as where it gives the grounds of an order, but every decree must follow a judgment.
Order XX governs civil judgments. Under Rule 1 the Court must pronounce judgment in open Court, at once or on a day fixed with notice to the parties or their pleaders, and where it is not pronounced at once, every endeavour must be made to do so within thirty days of the close of hearing and ordinarily not beyond sixty days. Under Rule 4(2) a judgment, other than one of a Court of Small Causes, must contain a concise statement of the case, the points for determination, the decision on them and the reasons. Under Rule 5 the Court must state its finding with reasons on each separate issue, unless a finding on one or more issues is enough to decide the suit.
Criminal procedure does not define judgment but regulates it. Section 392 of the BNSS requires the judgment in every trial in a Criminal Court of original jurisdiction to be pronounced in open Court immediately after the trial or not later than forty-five days. Section 393 requires it to contain the points for determination, the decision and the reasons, and to state the offence and section under which the accused is convicted or acquitted. Section 403 bars alteration or review after signing, except to correct a clerical or arithmetical error.
Examiners test the difference between judgment, decree and order, the contents of a judgment, and the time limits in Order XX and Section 392 of the BNSS.
What the law says
(9) “judgment” means the statement given by the Judge of the grounds of a decree or order;
Clause (9) defines judgment; clauses (2) and (14) decree and order
[ [(1) The Court, after the case has been heard, shall pronounce judgment in an open Court, either at once, or as soon thereafter as may be practicable and when the judgment is to be pronounced on some future day, the Court shall fix a day for that purpose, of which due notice shall be given to the parties or their pleaders:]
[Provided that where the judgment is not pronounced at once, every endeavour shall be made by the Court to pronounce the judgment within thirty days from the date on which the hearing of the case was concluded but, where it is not practicable so to do on the ground of the exceptional and extraordinary circumstances of the case, the Court shall fix a future day for the pronouncement of the judgment, and such day shall not ordinarily be a day beyond sixty days from the date on which the hearing of the case was concluded, and due notice of the day so fixed shall be given to the parties or their pleaders.]
[(1) The Commercial Court, Commercial Division, or Commercial Appellate Division, as the case may be, shall, within ninety days of the conclusion of arguments, pronounce judgment and copies thereof shall be issued to all the parties to the dispute through electronic mail or otherwise.]
Pronouncement of judgment and time limits
(1) Judgments of a Court of Small Causes need not contain more than the points for determination and the decision thereon.
(2) Judgments of other Courts.—Judgments of other Courts shall contain a concise statement of the case, the points for determination, the decision thereon, and the reasons for such decision.
Contents of judgments
In suits in which issues have been framed, the Court shall state its finding or decision, with the reasons therefor, upon each separate issue, unless the finding upon any one or more of the issue is sufficient for the decision of the suit.
Decision with reasons on each issue
(1) The judgment in every trial in any Criminal Court of original jurisdiction shall be pronounced in open Court by the presiding officer immediately after the termination of the trial or at some subsequent time not later than forty-five days of which notice shall be given to the parties or their advocates,—
(a) by delivering the whole of the judgment; or
(b) by reading out the whole of the judgment; or
Pronouncement of criminal judgment within 45 days
Earlier law: CRPC 353. Judgment.
(1) Except as otherwise expressly provided by this Sanhita, every judgment referred to in section 392,—
(a) shall be written in the language of the Court;
(b) shall contain the point or points for determination, the decision thereon and the reasons for the decision;
Language and contents of criminal judgment
Earlier law: CRPC 354. Language and contents of judgment.
For the exam
- CPC Section 2(9): the statement of the grounds of a decree or order.
- A decree is the formal expression of adjudication; a judgment gives its reasons.
- Order XX Rule 1: pronounce within 30 days of hearing, ordinarily not beyond 60 days.
- BNSS Section 392: criminal judgment within 45 days of the end of trial.
- BNSS Section 403: no alteration after signing except clerical or arithmetical error.
2,098 questions in the Law Maker question bank use this term. Practise Civil Procedure Code questions
Related terms
- DecreeThe formal expression of an adjudication that conclusively determines the rights of the parties on all or any matter in controversy in a suit, as defined in Section 2(2) of the CPC.
- OrderUnder Section 2(14) of the CPC, the formal expression of any decision of a Civil Court which is not a decree.
- Judgment-debtorAny person against whom a decree has been passed or an order capable of execution has been made (Section 2(10) of the CPC).
- Foreign judgmentThe judgment of a foreign Court, meaning a Court outside India not established or continued by Central Government authority. It is conclusive in India unless one of the six exceptions in Section 13 of the CPC applies.
- Ratio decidendiThe principle of law on which a case is decided. It is the binding part of a judgment under the doctrine of precedent, as distinct from obiter dicta.
- Obiter dictumA statement in a judgment that is not necessary for deciding the case, and so does not form part of its binding ratio decidendi.
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.