Code of Criminal Procedure, 1973
Section 392. Procedure where Judges of Court of Appeal are equally divided
When an appeal under this Chapter is heard by a High Court before a Bench of Judges and they are divided in opinion, the appeal, with their opinions, shall be laid before another Judge of that Court, and that Judge, after such hearing as he thinks fit, shall deliver his opinion, and the judgment or order shall follow that opinion:
Provided that if one of the Judges constituting the Bench, or, where the appeal is laid before another Judge under this section, that Judge, so requires, the appeal shall be re-heard and decided by a larger Bench of Judges.
Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Text: IndiaCode Portal (Chandigarh copy). Open on India Code Check against the official text before relying on it.
Replaced by
The Bharatiya Nagarik Suraksha Sanhita, 2023, Section 433. Procedure where Judges of Court of appeal are equally divided.
When an appeal under this Chapter is heard by a High Court before a Bench of Judges and they are divided in opinion, the appeal, with their opinions, shall be laid before another Judge of that Court, and that Judge, after such hearing as he thinks fit, shall deliver his opinion, and the judgment or order shall follow that opinion:
Provided that if one of the Judges constituting the Bench, or, where the appeal is laid before another Judge under this section, that Judge, so requires, the appeal shall be re-heard and decided by a larger Bench of Judges.
Pair from: BPR&D correspondence tables (bprd.mha.gov.in; A. K. Yadav, CAPT Bhopal)
Cases citing this section
Cited in 46 documents
Source: Order and office-report PDFs whose text cites the section, read by rule (document_citations); each case through its orders and office reports that carry the PDF
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