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Report No. 141

2.2 Position resulting from section 362.-

It may be stated that section 362 of the Code of Criminal Procedure, 1973, corresponds to section 369, Code of 1898. Section 369, as enacted in 1898, provided that "No Court, other than a High Court, when it has signed its judgment, shall alter or review the same, except as provided in sections 395 and 484 or to correct a clerical error." Despite the express exclusion of the High Courts from the operation of this provision, it was held that the High Courts had no implied power to alter or review their own judgments, whether under section 369 or under section 439 or otherwise.

It was accordingly proposed in 1921, that the words "other than a High Court" should be omitted, to make it clear that section 369 conferred no such power on the High Courts, as it was noticed that one or two other sections of the Code (besides sections 395 and 484 and Cl. 26 of the Letters Patent of the High Courts) empowered the High Courts to revise their judgments. Hence the section was redrafted. Section 369 of the Code of Criminal Procedure, 1898, as amended in 1923, read as follows:-

"Save as otherwise provided by this Code or by any other law for the time being in force or, in the case of a High Court, by the Letters Patent or other instrument constituting such High Court, no Court when it has signed its judgment shall alter or review the same, except to correct a clerical error."

In the Code of Criminal Procedure (Act 2 of 1974), section 362 provides-

"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 words "or in the case of a High Court, by the Letters Patent or other instrument constituting such High Court" which were found in the corresponding section 369 of the old Code, have been omitted in the present section. Hence an alteration or review by a High Court would be permissible (as in the case of other Courts), only where provision therefor is made in this Code or by any other law for the time being in force. At the same time, the section in the present Code bars an alteration in a final order also.



Need for amending the Law as regards to the Power of Courts to Restore Criminal Revision Applications and Criminal cases dismissed for Default in Appearance Back




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