Difference between Judgement , Order and Decree
In the world of law, especially during court proceedings, terms like judgment, decree, and order are often used. While they may sound similar, each of these carries a distinct meaning and plays a different role in the judicial process. Understanding the difference can help demystify legal proceedings and empower individuals to navigate their rights more confidently.
A judgment is the court’s official explanation or reasoning behind its decision. It is a detailed written statement by the judge that lays out the facts of the case, the evidence presented, the legal issues involved, and the reasoning that led to the conclusion. In simple terms, it answers the question, “Why did the court decide this way?” It is not the enforceable part of the decision but rather the foundation upon which enforcement is based.
Once the judgment is delivered, it is followed by a decree—which is the formal expression of that decision in a civil case. A decree declares the rights of the parties and is legally binding and enforceable. For example, if a court, after hearing a property dispute, concludes that one party has ownership, the decree will formally direct that the property be handed over. So while the judgment tells the story, the decree enforces the outcome.
On the other hand, an order is a direction given by the court at any stage of the legal process—be it civil or criminal. It may not always dispose of the entire case but can be interim (temporary) or final concerning specific issues. Orders are usually procedural in nature, such as granting bail, issuing summons, or directing the submission of evidence. Some orders can be appealed, but not all.
To sum up, a judgment explains the reasoning, a decree is the enforceable outcome in civil cases, and an order is the court’s instruction during the proceedings.