Section 362 CrPC and Section 403 BNSS: Court Not to Alter Judgment
Once a criminal court has signed its judgment or final order disposing of a case, it generally cannot change or review that decision. The narrow statutory exceptions are corrections of clerical or arithmetical errors and powers expressly preserved by applicable law.
Text of Section 362 CrPC - Court not to alter judgment
Section 362. 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.
The text above preserves the statutory provision from the original page. The CrPC has been replaced for the general post-commencement procedural regime by the BNSS, subject to statutory savings.
Current provision: Section 403 BNSS
Section 403 - Court not to alter judgment. Save as otherwise provided by this Sanhita 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.
The operative rule remains materially the same. The reference to the former "Code" is replaced by "Sanhita". The prohibition protects the finality of decisions once signed, while permitting genuine accidental corrections.
Meaning and scope of the prohibition
1. Signed judgment or final order
The statutory restriction is triggered when the court has signed its judgment or final order disposing of the case. A party cannot obtain a rehearing before the same court merely by describing a request for substantive reconsideration as a correction application.
2. Clerical errors
A clerical error is an accidental slip in recording or typing a decision, such as a transposed case number or a demonstrable typographical mistake. Correction must reflect what was actually decided; it cannot substitute a different finding.
3. Arithmetical errors
An arithmetical error is a mistake in mathematical calculation. For example, a clearly incorrect addition in a monetary computation may be corrected where the record establishes the intended calculation. Changing a sentence or outcome on fresh legal reasoning is not an arithmetical correction.
4. Exceptions created by law
The opening words, "Save as otherwise provided", preserve express statutory exceptions. Their existence and limits must be identified in the BNSS or another applicable law; there is no general power of review of signed criminal judgments.
Can a judgment still be challenged on appeal or revision?
Yes, where permitted by law. Section 403 limits the court's own power to alter or review its signed final decision; it does not abolish separate statutory remedies before a competent appellate or revisional court. The correct remedy depends on the type of order, the court, limitation requirements and any express restrictions.
For related procedural provisions, see Section 361 CrPC (special reasons) and Section 363 CrPC (copy of judgment).
Practical illustration
Suppose a signed judgment accidentally identifies a witness as "PW-7" instead of "PW-1", although the record clearly establishes the intended reference. The court may be able to correct that clerical slip. By contrast, a request to reverse a conviction because the judge should have interpreted the evidence differently is a substantive challenge, not a clerical correction.
Official legal references
- Bureau of Police Research and Development - BNSS, 2023 (PDF, with comparison references)
- India Code - official central legislation database
- Ministry of Home Affairs - new criminal laws
Frequently asked questions
Can a criminal court change a judgment after signing it?
Generally no. Section 403 BNSS (earlier Section 362 CrPC) bars the court from altering or reviewing a signed judgment or final order disposing of a case, except for clerical or arithmetical errors or where another applicable law expressly provides otherwise.
What is a clerical or arithmetical error?
A clerical error is an accidental mistake in recording or typing; an arithmetical error is an error in calculation. The correction must not become a substantive reconsideration of the decision.
Does Section 403 BNSS prevent an appeal?
No. A competent appellate or revisional court may exercise its powers under the applicable procedural law. Section 403 principally limits alteration or review by the court that signed the final decision.
Which BNSS section replaces Section 362 CrPC?
Section 403 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponds to Section 362 of the Code of Criminal Procedure, 1973.
Last reviewed: 18 October 2026. This page provides general legal information; applicable legislation, procedural posture and judicial interpretation should be checked for a specific case.