362
362
Court not to alter judgment
Code of Criminal Procedure, 1973
Chapter XXVII The Judgment
⚖️
Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 yearsJudgementFinalityProcedural
🗣️ Simple Explanation
What does this law say?
Section 362 of the CrPC says a court can't change its final decision. Once a judge signs the judgment, they can't alter it. The only exception is to fix small mistakes.
Why does this law exist?
It ensures finality in court decisions. It prevents judges from changing their minds. This provides stability in the legal system.
Real-life impact
Imagine a judge sentences someone to jail. They can't change it later, unless there's a clear error. This protects the rights of both the accused and the victim.
What happens if you break this law?
This section doesn't create a new crime. It sets a rule for judges. If a judge tries to change a judgment improperly, it can be challenged in a higher court.
💡 Real Life Example
Amit is found guilty of a crime. The judge sentences him to 5 years in jail. Later, the judge wants to reduce the sentence. They cannot do this unless there is a clerical error. Legal consequence: The original sentence stands.
🛡️ KNOW YOUR RIGHTS
- •Know that a judgment is final after it's signed.
- •Understand that only clerical errors can be corrected.
- •Seek legal help if a judge tries to change a final order.
❓ FREQUENTLY ASKED QUESTIONS
Section 362 of the CrPC prevents a court from changing its final judgment. Once the judge signs the order, it's usually final. The only exception is to correct small mistakes like typos. This ensures that court decisions are stable and reliable.
Generally, a judge cannot change their judgment after signing it. They can only correct clerical or arithmetical errors. If a judge tries to change a judgment improperly, it can be challenged in a higher court. This protects the finality of court decisions.
Sources & References
📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library
⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice
📚 Act Reference: Code of Criminal Procedure, 1973
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.
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