Recall of Order under BNSS

Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, criminal courts cannot generally recall or review their final judgments, except to correct clerical errors under Section 403. However, procedural orders (like summoning or non-bailable warrants) can be recalled if passed without jurisdiction or in violation of natural justice, and interim orders like ex-parte maintenance can be challenged. [1, 2, 3, 4] 

Key Aspects of Recalling Orders Under BNSS:

• Final Judgments (Section 403 BNSS): Pari-materia with Section 362 CrPC, this section acts as an absolute bar. A court becomes functus officio (no longer has authority) after signing a final judgment.
• Correction of Errors: Courts can only rectify clerical or arithmetical mistakes.
• Procedural Recall: Interim orders, such as summons, warrant orders (N.B.Ws.), or ex-parte orders, may be recalled if they were passed illegally.
• Ex-Parte Maintenance (Section 145(2) BNSS): An File Recall Plea U/S 145(2) BNSS To Challenge Ex-Parte Maintenance can be filed to set aside such orders.
• Recall of Witnesses (Section 348 BNSS): The court may allow a witness to be recalled for re-examination if necessary for justice, but not merely to fill in legal gaps.
• Inherent Power (Section 528 BNSS): High Courts may exercise inherent powers to prevent abuse of the process of law, but this cannot bypass the statutory bar on reviewing final judgments.
• N.B.W. Recall: Petition under S.722 B.N.S.S to recall N.B.Ws. can be filed to recall warrants.
• Witness recall: Vedant vs. State of Punjab | Recall of Witness under Section 348 BNSS highlights limitations. [1, 2, 3, 4, 5, 6, 7, 8, 9, 10] 

Important Distinctions:

• Recall vs. Review: A “recall” typically addresses procedural errors (e.g., dismissing a case because a party was absent when they shouldn’t have been), while “review” implies re-examining the merits.
• Section 145(2) BNSS: Provides a specific mechanism for  File Recall Plea U/S 145(2) BNSS To Challenge Ex-Parte Maintenance
to challenge ex-parte maintenance orders.
• Criminal Court Cannot Review Or Recall Its Judgment Except To Correct Clerical Errors : Supreme Court has reaffirmed this limitation in Power of a Criminal Court to Recall or Review Its Own Judgment. [1, 2, 3, 4, 8] 

Disclaimer: This information is for educational purposes based on the BNSS and relevant case law. Legal remedies depend on specific facts.



[1] https://www.lexology.com/library/detail.aspx?g=2ac1f8b3-a969-4696-8197-ac7a358055fb
[2] https://www.livelaw.in/high-court/allahabad-high-court/allahabad-high-court-ex-parte-maintenance-order-recall-145-2-bnss-528961
[3] https://www.livelaw.in/supreme-court/criminal-court-cannot-review-or-recall-its-judgment-except-to-correct-clerical-errors-supreme-court-306283
[4] https://ipleader.in/recall/
[5] https://www.caseon.in/case/vedant-vs-state-of-punjab
[6] https://brmnlaw.com/images/Crl-Petitions/Petition-under-S.722-B.N.S.S-to-recall-N.B.Ws.pdf
[7] https://www.linkedin.com/posts/amish-aggarwala-45978246_ph-high-court-dismisses-plea-to-recall-order-activity-7437935458594238465-RFFv
[8] https://supremetoday.ai/issue/can-accused-recall-witness-under-bnss
[9] https://www.casemine.com/commentary/in/section-528-bnss-cannot-be-used-to-process-manage-trial-courts:-no-high-court-direction-for-same-day-recall-of-nbw-where-statutory-remedy-exists-(especially-in-sc-st-(poa)-sessions-cases)/view
[10] https://indiankanoon.org/doc/83542951/