Section 403 BNSS: Court Not to Alter Judgment
Section 403 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) limits the power of a criminal court to change a judgment or final order after it has been signed. The provision protects the finality of a signed judicial decision while allowing correction of purely clerical or arithmetical mistakes.
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.
The BNSS is the principal central legislation governing criminal procedure and came into force on 1 July 2024. For the authoritative statutory text, see the Bharatiya Nagarik Suraksha Sanhita, 2023 on India Code. The commencement notification dated 23 February 2024 is available from the Ministry of Home Affairs.
Meaning of Section 403 BNSS
Section 403 embodies the rule that once a criminal court has signed its judgment or a final order disposing of the case, the court ordinarily becomes functus officio in relation to alteration or review of that decision. In simple terms, the court cannot reopen the merits and substitute a different decision merely because a party seeks reconsideration.
The restriction is subject to two express qualifications. First, another provision of the BNSS may permit a particular course. Second, another law for the time being in force may provide a power that operates notwithstanding this general restriction.
What Can Still Be Corrected?
Section 403 expressly permits correction of a clerical or arithmetical error. Such correction is limited to accidental or mechanical mistakes and does not amount to reviewing the merits of the case.
| Expression | Practical meaning |
|---|---|
| Clerical error | A writing, typing, transcription, naming, numbering or similar accidental mistake that does not require reconsideration of the merits. |
| Arithmetical error | A mistake in calculation, totaling or numerical computation that can be corrected without changing the substantive reasoning of the judgment. |
| Alter or review | A substantive change or reconsideration of the signed decision. Section 403 generally bars this unless the BNSS or another law expressly permits it. |
When Does the Restriction Apply?
The statutory restriction applies after the court has signed its judgment or final order disposing of the case. The signing of the decision is therefore central to the operation of Section 403.
Section 403 BNSS and Section 362 CrPC
Section 403 BNSS substantially corresponds to Section 362 of the Code of Criminal Procedure, 1973. Both provisions state the general rule that a court cannot alter or review a signed judgment or final order except to correct a clerical or arithmetical error, subject to powers conferred by the governing procedural law or another law in force.
Current provision: Section 403, Bharatiya Nagarik Suraksha Sanhita, 2023 - "Court not to alter judgment."
Why Section 403 Matters
- It promotes certainty and finality in criminal adjudication after a judgment or final order has been signed.
- It prevents a signed decision from being reconsidered on its merits merely through an application styled as a correction or review.
- It preserves a narrow power to correct accidental clerical and numerical mistakes.
- It operates subject to any express provision of the BNSS or another law that authorizes a different course.
Frequently Asked Questions
Can a criminal court review its signed judgment under Section 403 BNSS?
As a general rule, no. After signing the judgment or final order disposing of the case, the court cannot alter or review it, except for correction of a clerical or arithmetical error, unless the BNSS or another law provides otherwise.
Can the court correct a typing mistake in a judgment?
Yes, if the mistake is genuinely clerical and its correction does not require reconsideration of the merits or substantive reasoning.
Does Section 403 prevent filing an appeal?
No. Section 403 restricts alteration or review by the court after signing its decision. Separate statutory remedies, where available, are governed by the relevant appeal, revision or other provisions of the BNSS or other applicable law.
What was the equivalent provision under the CrPC?
The corresponding provision was Section 362 of the Code of Criminal Procedure, 1973.
Related BNSS Provisions
Section 403 appears in the group of BNSS provisions dealing with judgments and connected post-judgment procedure. You may also refer to Section 402 - Special reasons to be recorded in certain cases and Section 404 - Copy of judgment to be given to accused and other persons.