Section 362 CrPC: Court not to alter judgment

Code of Criminal Procedure, 1973

Section 362 CrPC at a Glance

Section 362 CrPC deals with court not to alter judgment. From 1 July 2024 it is replaced by Section 403 BNSS.

Now BNSS

Section 403 →

What Section 362 CrPC Says

362. Court not to alter judgment

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.

Source: Section 362, Code of Criminal Procedure, 1973

Section 362 CrPC in Simple Words

Section 362 of the Code of Criminal Procedure, 1973 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 Code or any other law for the time being in force provides otherwise.

When Section 362 CrPC Applies

  • The bar under Section 362 CrPC 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 Code or any other law for the time being in force provides otherwise.

Example of Section 362 CrPC

A Magistrate tries Ramesh in a criminal case under the Code of Criminal Procedure, 1973 and signs a judgment disposing of the case. In the signed text, the clerk misspells the name of the complainant, Suresh, and makes an arithmetical error while adding the figures recorded in the judgment. Ramesh later applies to the same Magistrate to review the merits and alter the judgment. Suresh applies to fix the spelling of his name and the addition mistake. Under Section 362 CrPC, because the Magistrate has signed the judgment disposing of the case, the court shall not alter or review the decision. However, Section 362 CrPC permits the Magistrate to correct the clerical spelling mistake and the arithmetical error.

When Section 362 CrPC Does Not Apply

  • The prohibition in Section 362 CrPC 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 362 CrPC does not apply when the court acts only to correct a clerical or arithmetical error.
  • The restriction in Section 362 CrPC does not apply where another provision of the Code of Criminal Procedure, 1973 or any other law for the time being in force provides otherwise.

Section 362 CrPC Under BNSS 403: What Changed

Section 362 CrPC is now covered under Section 403 BNSS.

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 detailed comparison (CrPC 362 vs BNSS 403) →

FAQs on Section 362 CrPC

Can a court alter or review its judgment after signing it under Section 362 CrPC?▼

No. Under Section 362 of the Code of Criminal Procedure, 1973, 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 Code or any other law for the time being in force provides otherwise.

What errors can a court correct in a signed judgment under Section 362 CrPC?▼

A court is permitted under Section 362 of the Code of Criminal Procedure, 1973 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 Code or another law for the time being in force provides otherwise.

Does Section 362 CrPC apply to orders that do not dispose of a case?▼

Section 362 of the Code of Criminal Procedure, 1973 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 362 CrPC is not triggered.

Where is Section 362 CrPC found after the Code was replaced from 1 July 2024?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. The provision in Section 362 CrPC is found in Section 403 BNSS from 1 July 2024. Section 403 BNSS keeps the rule that once a court has signed its judgment or final order disposing of a case, it shall not alter or review the same except to correct a clerical or arithmetical error.

Have questions about Section 362 CrPC?

Ask NyayGuru for a plain language explanation, or how it applies to your situation.

Ask NyayGuru →

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

Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 18 Oct 2026 ·