Section 403 BNSS: Court not to alter judgment

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 403 BNSS at a Glance

Section 403 BNSS deals with court not to alter judgment. It replaced Section 362 CrPC on 1 July 2024.

Was CrPC

Section 362 →

Section 403 BNSS Bare Act Text

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.

Source: Section 403, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 403 BNSS in Simple Words

Section 403 of the Bharatiya Nagarik Suraksha Sanhita, 2023 says that once a court has signed its judgment or a final order disposing of a case, it shall not alter or review that decision. The court may still correct a clerical or arithmetical error in it. The bar also gives way where the Sanhita or any other law for the time being in force provides otherwise.

When Section 403 BNSS Applies

  • The bar under Section 403 BNSS applies once a court has signed its judgment or its final order disposing of a case.
  • Once the decision is signed, the court shall not alter or review its own judgment or final order.
  • The court may still correct a clerical or arithmetical error in the signed judgment or final order.
  • The bar does not hold where another provision of the Sanhita or any other law for the time being in force provides otherwise.

Example of Section 403 BNSS

A Magistrate tries Priya in a criminal case under the Bharatiya Nagarik Suraksha Sanhita, 2023 and signs a judgment disposing of the case. In the signed text, the clerk misspells the name of the complainant, Anand, and makes an arithmetical error while adding the figures recorded in the judgment. Priya later applies to the same Magistrate to review the merits and alter the judgment. Anand applies to fix the spelling of his name and the addition mistake. Under Section 403 BNSS, because the Magistrate has signed the judgment disposing of the case, the court shall not alter or review the decision. However, Section 403 BNSS permits the Magistrate to correct the clerical spelling mistake and the arithmetical error.

When Section 403 BNSS Does Not Apply

  • The prohibition in Section 403 BNSS does not apply where the court has not yet signed its judgment or final order disposing of a case, or where an order does not dispose of a case.
  • The bar against altering a signed judgment or final order under Section 403 BNSS does not apply when the court acts only to correct a clerical or arithmetical error.
  • The restriction in Section 403 BNSS does not apply where another provision of the Bharatiya Nagarik Suraksha Sanhita, 2023 or any other law for the time being in force provides otherwise.

Section 403 BNSS in the CrPC (Previous Law)

Section 403 BNSS replaces Section 362 CrPC from the old criminal code.

Section 362 of the Code of Criminal Procedure, 1973 became Section 403 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. The only textual difference between Section 362 CrPC and Section 403 BNSS is the renumbering of the section and the replacement of the word Code with the word Sanhita in the opening saving clause. Both of these are changes of form. The rule itself is unchanged. As under the Code, 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.

View CrPC Section 362 →

FAQs on Section 403 BNSS

Can a court alter or review its judgment after signing it under Section 403 BNSS?▼

No. Under Section 403 of the Bharatiya Nagarik Suraksha Sanhita, 2023, once a court has signed its judgment or a final order disposing of a case, the court shall not alter or review that decision. The only exceptions are to correct a clerical or arithmetical error, or where another provision of the Sanhita or any other law for the time being in force provides otherwise.

What errors can a court correct in a signed judgment under Section 403 BNSS?▼

A court is permitted under Section 403 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to correct a clerical or arithmetical error even after it has signed its judgment or final order disposing of a case. Apart from fixing a clerical or arithmetical error, the court shall not alter or review the judgment or final order unless the Sanhita or another law for the time being in force provides otherwise.

Does Section 403 BNSS apply to orders that do not dispose of a case?▼

Section 403 of the Bharatiya Nagarik Suraksha Sanhita, 2023 applies when a court has signed its judgment or its final order disposing of a case. The statutory bar against alteration or review is tied directly to a signed judgment or a signed final order disposing of a case. Where a court has not yet signed its judgment, or where an order is not a final order disposing of a case, the prohibition in Section 403 BNSS is not triggered.

What changed from Section 362 CrPC to Section 403 BNSS from 1 July 2024?▼

Section 403 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 362 of the Code of Criminal Procedure, 1973 from 1 July 2024. The renumbering of the provision and the replacement of the word Code with the word Sanhita in the opening saving clause are changes of form. The substantive rule is unchanged. A court, when it has signed its judgment or final order disposing of a case, shall not alter or review the same except to correct a clerical or arithmetical error.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 18 Oct 2026 ·