Section 362 CrPC Does Not Empower Court To Suo Motu Recall Orders Passed By It : SC

KEY TAKEAWAYS

• The Supreme Court saw that Section 362 of the Code of Criminal Procedure doesn't engage a court to suo moto review the prior order passed by it.

DETAILS

• Name of the case : XXX vs State of Kerala
• Foundation of the case :
• The bench including Justices Vineet Saran and Aniruddha Bose put aside a Kerala High court order reviewing its previous judgment subduing assault and child rape charges against different accused.
• Later, the bench quashed the proceedings on basis of marriage of the accused to the victim.
• The court saw that considering Section 362 Cr.P.C. the Court doesn't have the ability to change the judgment and order once passed, but to address the administrative or arithmetical mistake.

QUESTIONS

• What is Section 362 CrPC ?
• In CrPc, whether there is provision of review ?

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