ALTERATION OF JUDGEMENT: CAN IT BE ALLOWED UNDER EXCEPTIONAL

CIRCUMSTANCES

NAME- AKANKSHYA BHATTACHARJEE

ROLL NO- 18LLB004

CRPC SYNOPSIS
1.ABSTRACT

‘Judgement’ as a chapter is covered in Chapter XXVII of CRPC. Though there is an entire chapter
dedicated to judgement by CrPc fails to define ‘judgement’. However, in case of Surendra Singh
v. State of UP1, the hon’ble Supreme Court defined judgement as “the final decision of the court
intimated to the parties and the world at large by formal “pronouncement” or “delivery” in
open court and until a judgment is delivered the judges have a right to change their mind.”
Section 353- 365 of CrPC covers various facets of judgement and Section- 362 of CrPC puts a bar
on judges to reconsider their decision once it is pronounced. Under Section -353 the judgement
has to pronounced in the open and signed by the judge/ judges who are delivering it. So, once both
the things are done then the judgement can’t be altered except for minor arithmetical and
grammatical errors. But the operative part of the judgement can’t be altered or reviewed. But the
courts especially the High Court have time and again approached by the parties to review alter the
judgements that was passed by it. So, there has been various contradicting views from different
High Courts and even Supreme Court from time to time given varied opinions on alteration of
judgement. There has been a constant clash between the provision of Section- 482 giving the power
to HC to do complete justice and whether Section- 362 is a bar on power of HC under Section -
482. There also has been a constant debate upon difference between ‘alteration and review’ and
‘recall’ of judgement. So, in the project we would reflect upon the various view of HC on alteration
of judgement, whether judgement can be altered on exceptional circumstances, balancing powers
of HC under Section 482 and the bar specified under Section 362 and the present prevailing
position of law.

1
1954 AIR 194.
2.OBJECTIVE OF THE STUDY

The objective of the paper is-

1. To know the changing position of law regarding alteration of judgement,

2. To know the exceptional circumstances under which judgement can be altered.

3.SCOPE OF THE STUDY

The scope of the study is limited to the CrPC and judgements of High Courts and the Supreme
Court.

4.RESEARCH METHODOLOGY

TYPE OF STUDY- The study is doctrinal type.

TYPES OF DATA-

Primary Data- The primary data that are referred is Code of Criminal Procedure and cases.

Secondary Data- The secondary data referred is the articles and blogs written on this topic.

MODE OF CITATION- The mode of citation used in Bluebook 20th Edition.

5.RESEARCH QUESTION

The project will seek to answer the following research questions-

1. Whether the power of HC under Section – 482 is curtailed by Section- 362?

2. Whether courts can revisit and alter their decisions under exceptional circumstances?
3. If yes, then what are the exceptional circumstances?
4. Whether ‘review’, ‘alter’ and ‘recall’ all barred under Section- 362?

TABLE OF CONTENTS

5. INTRODUCTION

6. CHANGING VIEWS OF DIFFERENT HIGH COURTS

7. ‘ALTER’ ‘REVIEW’ AND ‘RECALL’

8. BAR OF SECTION 362 ON SECTION 482

9. CONCLUSION AND SUGGESTION

10. BIBLIOGRAPHY