Code of Criminal Procedure, 1973 · Chapter XXVII: The Judgment
Section 362: Court not to alter judgment
The Code of Criminal Procedure, 1973 was repealed and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.
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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 362
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State of Rajasthan v. Parmeshwar Ramlal Joshi and Others
Issue arose whether the High Court was justified in reviewing its earlier orders while exercising jurisdiction u/s.528 BNSS [s.482 CrPC]
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Vikram Bakshi and Others v. R.P. Khosla and Another
Whether a review or recall of an order passed in a criminal proceeding initiated under section 340 of CrPC is permissible or not.
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M.C. Ravikumar v. D.S. Velmurugan & Ors.
Whether a second quashing petition u/s.482 CrPC would be maintainable on the grounds/pleas that were available to be raised even at the time of filing/decision of the first quashing petition.
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Raghunath Sharma & Ors. v. State of Haryana & Anr.
Correctness and legality of the impugned judgment whereby the High Court restored FIR previously quashed, recalling the order of quashment.
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Ramyash @ Lal Bahadur v. The State of Uttar Pradesh and Another Etc. Etc
Whether the High Court erred in allowing the Correction Application filed under Section 362, CrPC by the accused persons and modifying its earlier judgment by converting the conviction under Section 302 to Section 304…
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Union of India Thr. I.O. Narcotics Control Bureau v. Man Singh Verma
Issue arose whether the contours of s.439 CrPC permit the grant of compensation by the High Court to the appellant for alleged wrongful confinement for four months in a matter of possession of narcotic substances.
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Subrata Choudhury @ Santosh Choudhury & Ors. v. The State of Assam & Anr.
Whether after the acceptance of a negative Final Report in the first complaint, upon considering the written objections/protest petition and hearing the complainant, a fresh/second complaint on the same set of facts is…
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Sardar Ravi Inder Singh & Anr. v. State of Jharkhand & Anr.
High Court whether erred in dismissing the writ petition filed by the appellants for quashing the complaint filed by the second respondent stating that the contentions raised were rejected in an earlier criminal…
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Greater Noida Industrial Development Authority v. Prabhjit Singh Soni & Anr.
Whether in exercise of powers under s.60(5), Insolvency and Bankruptcy Code, 2016, the Adjudicating Authority-NCLT can recall an order of approval passed under s.31(1) of the IBC; whether the application for recall of…
- Bhisham Lal Verma v. State of Uttar Pradesh
- Air India Cabin Crew Assn. v. Yeshaswinee Merchant
- B.R.K. Aathithan v. Sun Group & Anr.
- Gangadhar Narayan Nayak @ Gangadhar Hiregutti v. State of Karnataka & Ors.
- Xxx v. The State of Kerala & Ors.
- Jitul Jentilal Kotecha v. State of Gujarat and Ors. Etc
- N. Vijayakumar v. State of Tamil Nadu
- Sandeep Kumar and Others v. State of Uttarakhand and Another
- Samta Naidu & Anr. v. State of Madhya Pradesh & Anr.
- Sanjeev Kapoor v. Chandana Kapoor & Ors.
- State of Madhya Pradesh v. Man Singh
- State Represented by Inspector of Police Central Bureau of Investigation v. M. Subrahmanyam
- Mohammed Zakir v. Shabana & Ors.
- State Through Cbl/Acb, Hyderabad A.P. v. Dharmana Prased Rao
- M/S. v. L. S. Finance Ltd. v. S. P. Gupta and Anr.
- Kushalbhai Ratanbhai Rohit & Ors. v. The State of Gujarat
- Prof. K.V. Rajendran v. Superintendent of Police, Cbcid South Zone, Chennai & Ors.
- Yakub Abdul Razak Memon v. The State of Maharashtra, Through Cbi, Bombay
- Sunil Kumar v. State of Haryana
- State of Punjab v. Davinder Pal Singh Bhullar & Ors. Etc
- CBI v. Mustafa Ahmed Dossa