Criminal Law
Criminal courts cannot recall their own judgments, save for clerical slips
The point decided
In Vikram Bakshi v. R.P. Khosla (Supreme Court of India, 20.08.2025; 2025 LiveLaw (SC) 844), the Court reiterated that once a criminal court signs its judgment or final order it becomes functus officio: under Section 362 of the Code of Criminal Procedure (now Section 403 of the Bharatiya Nagarik Suraksha Sanhita) it cannot alter or review that order, except to correct a clerical or arithmetical error. It set aside a High Court order that had recalled its own dismissal of perjury proceedings.
Why it matters
The Court held that the inherent power under Section 482 cannot be used to sidestep the bar in Section 362; a substantive review dressed up as a recall is still barred. For litigants, the decision is a reminder that a concluded criminal order is final, and the route to challenge it is appeal or revision, not an application asking the same court to think again.
This note is general information on the law as at the date shown, not legal advice on any specific matter. The law changes; for advice on your facts, please speak to the firm.
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