Ramyash @ Lal Bahadur vs State Of Uttar Pradesh 2025 INSC 544 - S. 362 CrPC - Modification Of Conviction
Code of Criminal Procedure 1973 - Section 362- What would fall within the meaning of a clerical and arithmetical error discussed- Quoted from Sooraj Devi v. Pyare Lal: A clerical or arithmetical error is an error occasioned by an accidental slip or omission of the court. It represents that which the court never intended to say. It is an error apparent on the face of the record and does not depend for its discovery on argument or disputation. An arithmetical error is a mistake of calculation, and a clerical error is a mistake in writing or typing. [Context: In the First Judgment, High Court confirmed the conviction under Section 302 IPC- Then HC allowed correction application and modified conviction from Section 302 of IPC to Part-II of Section 304 of IPC- Allowing appeal, SC observed: Even upon a plain reading of the provisions of Section 362 of Cr.P.C., the procedure adopted by the High Court was totally untenable.]
