Section 362 CrPC: Court’s Power to Alter Judgment – Code of Criminal Procedure
1. State the Code
Section 362 of the Code of Criminal Procedure (CrPC) grants the court the power to alter its judgment, sentence, or order in certain circumstances.
2. Explain the Code
- Grounds for Alteration: The court can alter its judgment, sentence, or order if it discovers a mistake or error in the original judgment, sentence, or order. This error could be in the form of a factual mistake, a legal error, or a procedural error.
- Time Limit: The court can alter its judgment, sentence, or order within the time limit specified by law. This time limit is usually 30 days from the date of the original judgment, sentence, or order. However, the court can extend this time limit if it considers it necessary.
- Procedure: The alteration can be done on the court’s own motion or on the application of any party concerned. The court must give notice to all parties concerned before altering its judgment, sentence, or order.
- Limitations: The court’s power to alter its judgment is subject to certain limitations. The court cannot alter its judgment if it has been confirmed by a higher court or if the time for appeal has already expired.
3. Illustrate the Code
Suppose a court convicts a person for theft and sentences them to 5 years of imprisonment. However, after the judgment is pronounced, the court discovers that the person had already been convicted for a similar offense and was serving a sentence for it. In this case, the court can alter its judgment by applying the provisions of Section 362 CrPC and impose a higher sentence on the person, taking into account the previous conviction.
4. Common Questions and Answers
- Q: Can the court alter its judgment after the appeal period has expired?
- A: No, the court cannot alter its judgment after the appeal period has expired, unless there is a compelling reason to do so.
- Q: What happens if the court discovers a mistake in its judgment after the judgment has been confirmed by a higher court?
- A: If the court discovers a mistake in its judgment after the judgment has been confirmed by a higher court, it can apply to the higher court for a review of the judgment.
