Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 403: Court not to alter judgment
Save as otherwise provided by this Sanhita 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.
Brief Detail
Section 403 of the Bharatiya Nagarik Suraksha Sanhita, 2023, stipulates that once a court has signed its judgment or final order disposing of a case, it cannot alter or review the judgment, except for correcting clerical or arithmetical errors. This provision is applicable unless specified otherwise by the Sanhita or any other law currently in force.
Question & Answers
Q1: What does Section 403 of the Bharatiya Nagarik Suraksha Sanhita, 2023, state about altering a judgment?
A1: Section 403 states that no court can alter or review its judgment or final order once it has been signed, except to correct a clerical or arithmetical error.
Q2: Can a court review its judgment after signing it?
A2: No, the court cannot alter or review its judgment once it has signed it, except for correcting clerical or arithmetical errors.
Q3: What types of errors can a court correct in its signed judgment according to Section 403?
A3: The court can only correct clerical or arithmetical errors in its signed judgment.
Q4: Are there any exceptions to this rule under Section 403?
A4: Yes, the rule can be overridden if otherwise provided by this Sanhita or any other law currently in force.
Example
Example 1:
A court has signed a judgment in a case, but later it notices a minor clerical error, such as a misspelling of a name or an incorrect date. The court may correct this clerical error, but it cannot alter the substance of the judgment.
Example 2:
A court signs a final order disposing of a case, and it later discovers an arithmetic mistake in the calculation of damages awarded. Under Section 403, the court may correct this arithmetical error, but it cannot revisit or change the entire judgment.
Summary
Section 403 of the Bharatiya Nagarik Suraksha Sanhita, 2023, prevents courts from altering or reviewing their signed judgments, except for minor corrections like clerical or arithmetical errors. This ensures the finality of court decisions unless specified otherwise by law.
