Code:
Section 403 BNSS
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.
Explanation
Section 402 BNSS ensures transparency and accountability in judicial decisions by mandating that courts provide special reasons when they do not apply provisions favoring rehabilitation or leniency. This is particularly relevant for youthful offenders and cases where the Probation of Offenders Act could be applied.
Similarly, Section 403 BNSS establishes the finality of court judgments. Once a judgment is signed, courts are restricted from altering it, except for correcting minor clerical or arithmetical errors. This principle upholds the integrity and reliability of judicial decisions.
Illustrations
Example 1: Special Reasons for Not Granting Probation
A first-time offender convicted of theft under Section 320 BNSS is eligible for probation. However, the court finds that the accused has committed similar offenses in the past. It must record special reasons for denying probation.
Example 2: Correction of Clerical Error
A judgment mistakenly states that an accused is convicted under Section 345 BNSS instead of Section 346 BNSS. The court can correct this clerical mistake but cannot review the entire judgment.
Common Questions and Answers
1. Why does the court need to record special reasons under Section 402 BNSS?
To ensure that judicial discretion is exercised transparently and that any deviation from leniency is justified with proper reasoning.
2. Can a judgment be reviewed under Section 403 BNSS?
No, unless it is to correct clerical or arithmetical errors. Substantive changes require an appeal.
3. What happens if a court fails to record special reasons under Section 402 BNSS?
Failure to provide special reasons may render the judgment legally questionable and open to appeal.
Conclusion
Sections 402 and 403 BNSS play a crucial role in maintaining judicial accountability and the finality of judgments. Courts must justify deviations from leniency under Section 402, while Section 403 ensures that judgments, once signed, remain unchanged except for minor corrections.
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