Vikram Bakshi vs R.P. Khosla & 2025 INSC 1020/1007 - Ss.362.340 CrPC -Scope Of Review

Code of Criminal Procedure 1973 - Section 362 : Bhartiya Nagrik Suraksha Sanhita, 2023 - Section 403- The criminal courts, as envisaged under the CrPC, are barred from altering or review their own judgments except for the exceptions which are explicitly provided by the statute, namely, correction of a clerical or an arithmetical error that might have been committed or the said power is provided under any other law for the time being in force. As the courts become functus officio the very moment a judgment or an order is signed, the bar of Section 362 CrPC becomes applicable, this, despite the powers provided under Section 482 CrPC which, this veil cannot allow the courts to step beyond or circumvent an explicit bar- It is only in situations wherein an application for recall of an order or judgment seeking a “procedural review” that the bar would not apply and not a substantive review” where the bar as contained in Section “362 CrPC is attracted. Numerous decisions of this Court have also elaborated that the bar under said provision is to be applied stricto sensu - The following exceptional circumstances may be identified, wherein a criminal court is empowered to alter or review its own judgment or a final order under Section 362 CrPC: a. Such power is expressly conferred upon court by CrPC or any other law for the time being in force or; b. The court passing such a judgement or order lacked inherent jurisdiction to do so or; c. A fraud or collusion is being played on court to obtain such judgment or order or; d. A mistake on the part of court caused prejudice to a party or; e. Fact relating to non-serving of necessary party or death leading to estate being non-represented, not brought to notice of court while passing such judgment or order- All these exceptions are only exercisable for seeking a recall or review of an order or judgment, if a ground that is raised was not available or existent at the time of original proceedings before the Court. Mere fact that the said ground, although available, was not raised or pressed during the concerned proceedings, does not provide for an exemption to the parties to assert it as a ground. Moreover, the said power cannot be invoked as a means to circumvent the finality of the judicial process or mistakes and/or errors in the decision which are attributable to a conscious omission by the parties (Para 34-34A)

Code of Criminal Procedure 1973 - Section 340 - A proceeding initiated under section 340 of CrPC is in the nature of criminal proceeding and governed by the provisions of the CrPC, as a consequence, thereof, all the procedural safeguards, consequences, and effects thereto associated with a criminal proceeding under CrPC are also attracted to it- There is no scope for application of provisions of any other procedural law until specifically provided under such law. (Para 38-39)