Once an order has been passed by a court under the Criminal Procedure Code (Cr.P.C.), generally the court has no power to change that order subsequently. You have to file a revision or appeal before the higher court, if you are not satisfied with that order. However, if there is any arithmetical error or any clerical error in a judgment of the court, then that court itself has the power to correct that mistake. For this purpose, have a look at Section 362 of the Cr.P.C., which lays down as under:
“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.”
Thus, the above section clearly says that when a court has signed its judgment or final order disposing of a case, it shall not alter or review the same; except when a clerical or arithmetical error is to be rectified or corrected.
Error in mentioning a name in an order may be considered as a clerical error (except where the name refers to an altogether different person). Therefore, an application may be filed before the same court, which passed the original order, to rectify the mistake and alter the order by correcting the name.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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