Section 362 of The Code of Criminal Procedure, 1973

Section 362 begins with the words “save as otherwise provided by this Code or by any other law for the time being in force”. Legislature was aware that there are situations where altering or reviewing of a Criminal Court Judgment is contemplated in the Code itself or any other law for the time being in force.

Section 125 is a social justice legislation. The embargo of Section 362 is expressly relaxed. The expression used in Section 125 is “as the Magistrate may from time to time direct”. The use of the expression ‘from time to time’ has purpose and meaning. Magistrates do not become functus officio after passing an order under Section 125. They are empowered to cancel an order passed under Section 125(1) on fulfilment of certain conditions [Section 125(5)]. Section 127 also discloses the legislative intendment where the Magistrate is empowered to alter an order passed under Section 125.

Hon’ble Justice Ashok Bhushan, Sanjeev Kapoor v. Chandana Kapoor, [Criminal Appeal No. 286 of 2020].