Chapter XXVII
Section 362 CrPC: Court not to alter judgment
New Law Update (2024)
Section 429 BNSS
TRIAL COURT
Punishment
Procedural – Judgment / Sentencing
Cognizable?
Bailable?
Compoundable?
Bare Act Text
Save as otherwise provided by this Code or by any other law for the time being in force, no Court when it has signed its judgment or final order disposing of a case, shall alter or review the same except to correct a clerical or arithmetical error.
Important Sub-Sections Explained
Landmark Judgements
Hari Singh Mann v. State of Punjab (1993):
The Supreme Court clarified that Section 362 CrPC imposes a complete bar on the alteration or review of a judgment or final order once it has been signed by the court, except for the correction of clerical or arithmetical errors. This principle underscores the importance of finality in judicial pronouncements under the Code.
State of Kerala v. M.M. Manoharan (2019):
Reiterating the established legal position, the Supreme Court affirmed that the prohibition under Section 362 CrPC is absolute. It held that even the High Court, despite its inherent powers under Section 482 CrPC, cannot review or alter its own judgment or order once signed, except for clerical or arithmetical mistakes, unless specific provisions of the Code or any other law permit such alteration or review, thereby upholding judicial certainty.