CrPC Section 362 – Court Not To Alter Judgment

Section 362 of the Code of Criminal Procedure (CrPC) ensures the finality of court decisions by limiting the power to alter or modify judgments, orders, or sentences once they have been passed. The section upholds the sanctity of court orders and prevents arbitrary changes. However, it provides an exception for correcting clerical or arithmetical errors. This provision plays a crucial role in maintaining judicial stability while ensuring that minor mistakes can be rectified without compromising the integrity of the decision.

Legal Provision

Section 362 of CrPC

When a court passes an order, it is considered the final order. No one, including the court, can change the order or decision. The same is mentioned in Section 362 of the CrPC. However, there is an exception to it. The court can change the order if there are some clerical errors in the decision. With the new criminal laws coming into force, this provision has now been added to the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS). Section 403 of the BNSS covers the same provision.

Importance Of Section 362 Of CrPC

Section 362 is considered to be necessary for the following reasons:

1. This Section is crucial as it preserves the sanctity of the order. It disallows the court to change its order once the judges have signed it.
2. It ensures that decisions are not taken lightly and not easily modified to suit the requirements of one party.
3. Also, eliminating necessary changes in discount decisions isn't extended unnecessarily.
4. It gives the parties a final and binding order. Knowing that the order will not be changed arbitrarily permits them to proceed with the next legal remedy.
5. It allows alterations mandated by the court only in case of arithmetical errors and prevents judicial overreach. This confirms that the decision can’t be changed easily but only in cases where action is required.

Scope Of Section 362 Of CrPC

As covered above, Section 362 allows correcting any clerical or arithmetic errors in a court decision. The provision highlights that decisions, once made, can’t be opened arbitrarily. It's only in these specific cases that a decision can be modified. The scope of change itself is limited to these sorts of errors. The Section applies mainly to all judgments, decisions, and orders passed by the court. The scope of the provision is broadly worded to ensure that no decision of the court falls out of the scope of the Section.

Applicability Of Section 362 Of CrPC

The provision is found in the Code of Criminal Procedure. The Section is intended to cover all judgments, decisions, and orders that a court passes. This applies particularly to criminal proceedings and cases. So, the Section applies to all criminal proceedings. There are certain cases where the Section does not apply. The High Court, through Section 482, has broader inherent powers. This Section authorizes them to use their powers to pass any decision that imparts justice and is needed. Here, Section 362 does not apply.

Advantages And disadvantages Of Section 362 Of CrPC

These are the advantages of Section 362:

• It encourages the sanctity of court decisions.
• It confirms the finality of the decision.
• It protects the authority of the court and judges.
• It puts a stop to unnecessary litigation.

The following are the disadvantages of the provision:

• The Section is rigid and may change even when required.
• The only remedy available against this is the inherent power of the High Court under section 482 of CrPC. This adds to the workload and pressure of higher courts.

Exceptions Of Section 362 Of CrPC

Even though the provision has broader applicability, a few exceptions exist. The exceptions are as follows:

Clerical Errors

This is the exception that is provided by the provision itself. As a rule, the courts can’t change their orders and judgments. However, if there is some clerical or arithmetical error in the court order, then changes can be made to correct it. The exception allows for only minor changes that don't go to the core of the decision. Incorrect dates, spelling errors, and miscalculations are all minute changes and can be allowed under this provision.

Inherent Powers Of Court

The second exemption is the inherent powers of the court. Under Section 482 of CrPC, the High Courts have broader powers. This power can be used to achieve justice and avoid any abuse of the process of law. High Courts can also use this power to make changes in their decisions and orders if needed. The provision was added to give way to procedural rules and ensure fairness and righteousness are not impacted.

Case Laws On Section 362 Of CrPC

Hari Singh Mann vs. Harbhajan Singh Bajwa (2001)

In this case, the Supreme Court once again repeated the rule. The court stated that, per Section 362, courts can’t alter their orders and judgments. It was highlighted that courts can’t take advantage of the Section by making other changes. The provision allows for alteration only in cases of minor errors. Courts can’t reopen the case and make substantial changes to it.

Ganesh Patel vs. Umakant Rajoria (2022)

In this recent case, the court emphasized the importance of Section 362 of the CrPC. The court clarified that the Section can be used only to allow procedural changes in decisions. The court can't sneak any substantial changes this way.

R. Rajeshwari vs. H.N. Jagdish (2008)

Here, the court was called to decide on the interrelation between Sections 362 and 482 of the CrPC. Section 362 bars any modification or alteration in decisions once they are signed by the court, while Section 482 gives the High Court inherent power. The court underlined the significance of Section 362 and stated that it doesn't impact the court's inherent powers. If the facts of the case require the court to be involved even after the signing of judgments, then this should be allowed only to ensure justice.

Siba Bisoi vs. State Of Orissa (2022)

The court also reiterated the principle that Section 362 does not allow courts to change a substantial part of the decision. It recognized that any clerical errors or mistakes could be corrected using Section 362 of the CrPC. However, the court can use its power under Section 482 to ensure that the proceedings are fair and impart justice.

Habu v. State of Rajasthan (1987)

Here, the court clarified that there is a distinction between altering a decision and recalling it. Section 362 prohibits alteration or modification, but it doesn’t bar recalling it.

Conclusion

Section 362 of the CrPC is an important safeguard in the judicial process, reinforcing the finality of court orders and judgments. While it prevents unnecessary alterations to decisions, it allows for minor corrections in cases of clerical or arithmetical errors. This ensures that the legal process remains efficient and fair. Although exceptions exist, including the inherent powers of higher courts under Section 482, Section 362 remains vital in maintaining the credibility and consistency of judicial decisions.

Frequently Asked Questions (FAQs)

Here are some frequently asked questions (FAQs) to help clarify the key aspects of Section 362 of the CrPC and its application in the judicial process.

Q1. What does Section 362 of the CrPC regulate?

Section 362 of the CrPC prevents courts from altering or modifying orders once they have been passed, except for minor clerical or arithmetical errors.

Q2. Can a court change its judgment under Section 362 of the CrPC?

No, a court cannot change its judgment under Section 362, except to correct clerical or arithmetical mistakes in the decision.

Q3. Are there exceptions to the rule in Section 362?

Yes, the primary exception is the correction of clerical or arithmetical errors. Additionally, higher courts have inherent powers under Section 482 to intervene in certain cases.

Q4. How does Section 362 impact judicial decisions?

Section 362 ensures that judicial decisions remain final and binding, reducing the likelihood of arbitrary or excessive changes to court orders.

Q5. What role does Section 482 play in relation to Section 362?

Section 482 grants inherent powers to higher courts, such as the High Court, to intervene in matters of justice, even after the signing of a judgment, when needed to ensure fairness and prevent misuse of law.