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Functus officio

Term
General
Literal meaningHaving discharged the office
PronunciationFUNK-tus oh-FISH-ee-oh

A person or authority whose power ends once the task is done. It cannot take up the same matter again.

Example

A court signs and delivers its judgment. It cannot change the judgment except to correct a clerical error.

Statutory link
  • Section 362 of the Code of Criminal Procedure, 1973 (now in the Bharatiya Nagarik Suraksha Sanhita): a court cannot alter a signed judgment except to correct a clerical or arithmetical error.
  • Section 32 of the Arbitration and Conciliation Act, 1996: the arbitral proceedings end with the final award.
Exam tip

Asked with arbitrators and courts after judgment.

Memory trick

Job done, power gone.

Key takeaway

Once the task is finished, the authority has no further power over it.

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