Why Candidates Fail Judgment Writing in Judicial Mains

Candidates usually lose marks in the judgment writing paper not because they do not know the law but because they do not follow the structure of a judgment: the issues or points for determination are badly framed, there is no separate finding with reasons on each, the relief does not match the pleadings and evidence, and time runs out before the operative part is written. These are patterns seen in the way the paper is set, and they apply to any state that has a judgment writing paper. Which states have one, and how many marks it carries, differs: for example, Madhya Pradesh, as reported by Careers360, has a mains paper on judgment writing with marks for framing of issues, framing of charges, a civil judgment and a criminal judgment. Check your state’s syllabus.

What the law expects from a judgment

Examiners mark against the structure that procedure law prescribes. In a civil case, Order XX Rule 4(2) of the Code of Civil Procedure requires a judgment (other than that of a Small Cause Court) to contain a concise statement of the case, the points for determination, the decision on them and the reasons for the decision. Rule 5 requires the court to state its finding or decision with the reasons on each separate issue, unless a finding on one or more issues is sufficient for the decision of the suit. Rule 6 deals with the contents of the decree, which must agree with the judgment and state the relief granted and the costs.

In a criminal case, section 393 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (earlier section 354 of the CrPC) requires the judgment to be in the language of the court and to contain the points for determination, the decision on them and the reasons for the decision. A conviction judgment must specify the offence and the section under which the accused is convicted and the punishment, and special reasons must be recorded for a death sentence. If your state tests the old codes for older offences, be ready for both, as the notification directs.

Frequent reasons for losing marks

1. Issues or points for determination are vague or wrong

Writing an issue as “whether the plaintiff is entitled to relief” does not help the reader. A good issue is specific and tied to a pleaded fact, such as “whether the agreement dated 5 March 2020 was validly executed” or “whether the suit is barred by limitation”. Another error is to leave out a preliminary issue, such as jurisdiction, limitation, maintainability or court fee, which would dispose of the suit. In criminal cases, the points for determination should follow the elements of the offence: was the death homicidal, did the accused cause it, was there intention or knowledge, and so on.

2. The burden of proof is placed wrongly

An issue should say who has to prove it, and your reasoning must follow. Misplacing the burden, for example by asking the defendant to prove a fact which the plaintiff must establish, is a basic error. In criminal cases, the prosecution must prove the case beyond reasonable doubt, and the benefit of doubt goes to the accused; but statutory presumptions and exceptions to the rule must be stated correctly.

3. No finding on each issue

Some answers discuss the whole case in a long narrative and then jump to the result. Examiners look for a separate heading for each issue, a finding, and the reasons. Where one issue disposes of the suit, say so and explain why the others need not be decided, as Order XX Rule 5 permits.

4. Facts are not summarised accurately

Copying the facts in full wastes time, while summarising them wrongly loses marks. A short, accurate statement of the case in two or three paragraphs is enough: parties, claim, defence, and the stage reached. Get names, dates and amounts right.

5. Evidence is mentioned but not analysed

Listing the witnesses without weighing them is a common weakness. Show how you assess the evidence: consistency, delay, interest of the witness, corroboration by documents, contradiction between the oral and documentary evidence, admissions in cross-examination. In criminal cases, discuss each important prosecution witness, the medical evidence, recovery, motive, and the defence version, then conclude.

6. Law is cited without being applied

Quoting a section or a case name and moving on does not earn marks. State the rule in one line, apply it to the facts, and show why it leads to your conclusion. Use only authorities you are sure of; a wrong citation costs more than leaving one out.

7. Relief and decree do not match

The operative order must grant what the pleadings and evidence support and no more. Mistakes include granting a relief that was not prayed for, forgetting costs, failing to deal with interest, mesne profits or possession in a suit for recovery, and stating a decree that does not follow the findings. In a criminal judgment, the sentence section must state the offence, the section, the punishment, any set-off for the period of detention, and what happens to the property seized, along with the reasons for the quantum of sentence where the law needs them.

8. Poor time management

The paper is long, and the last part, the operative order, carries marks. A rough plan would be to spend a fixed block on reading the facts and marking them, a block on framing issues, most of the time on findings, and the last ten to fifteen minutes on the decree or sentence. Practise this under the clock; no one gets the balance right the first time.

9. Presentation and language

Illegible handwriting, no paragraph numbering, no headings, and overwriting make a judgment hard to follow. The style should be neutral and formal. Avoid emotion, adjectives and personal views. A judgment is a reasoned decision, not an essay.

10. Ignoring the question’s instructions

Some papers say to write the judgment on the basis of given facts and evidence; others ask for framing of issues or charges, or for a particular type of order. Read the instruction twice and give what is asked.

A structure you can use

1. Title of court, case number, parties, date.
2. Brief statement of the case and the defence.
3. Issues or points for determination, numbered, with burden of proof.
4. Findings on each issue with reasons, in the same order.
5. Relief or conviction and sentence.
6. Decree or operative order, costs, and directions.

How to practise

• Take ten past papers and write only the issues or points for determination, then compare them with a model or a mentor’s version.
• Rewrite a real judgment’s reasoning in your own words, then compare the logic with the original.
• Write one full civil and one full criminal judgment each week in the last two months, in exam conditions.
• Get each one reviewed. Keep a log of repeated errors and fix one error type at a time.
• Read good trial court judgments from your state’s High Court website to absorb the structure.

Judgment writing is a skill built by repetition. A candidate who writes regularly and gets feedback will usually do better than one who only reads, but no method can guarantee a result in a competitive exam.