SC: Courts Can't Suo Motu Recall Orders Under Section 362 CrPC

Quick Summary

The Supreme Court has clarified that Section 362 of the Code of Criminal Procedure (CrPC) does not grant courts the power to unilaterally review or recall their previously passed orders. The apex court's decision came in a case where the Kerala High Court had reviewed its own judgment. The Supreme Court stated that courts can only correct administrative or arithmetical mistakes in their orders, not alter the substance of a judgment once delivered.

KEY TAKEAWAYS

The Supreme Court saw that Section 362 of the Code of Criminal Procedure doesn't engage a court to suo moto review the prior order passed by it.

DETAILS

Name of the case : XXX vs State of Kerala
Foundation of the case :
The bench including Justices Vineet Saran and Aniruddha Bose put aside a Kerala High court order reviewing its previous judgment subduing assault and child rape charges against different accused.
Later, the bench quashed the proceedings on basis of marriage of the accused to the victim.
The court saw that considering Section 362 Cr.P.C. the Court doesn't have the ability to change the judgment and order once passed, but to address the administrative or arithmetical mistake.

QUESTIONS

What is Section 362 CrPC ?
In CrPc, whether there is provision of review ?

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