BNSS Section 433 — Procedure where Judges of Court of appeal are equally divided

Summary

When a criminal appeal is heard by two judges of a High Court and they disagree on the decision, the case and both judges' written opinions must be sent to a third judge of that court. That third judge will hear the case as they see fit, give their own opinion, and the final judgment will be based on that opinion. However, if either one of the original two judges or the third judge requests it, the appeal must be heard again by a larger group of judges.

Official Text

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.

Related Judgments

• SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
• SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
• SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
• SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
• SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)
• SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
• SC (2024) Vol.12 p.335 — Supreme Court of India (2024)
• .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()

Old <-> New Code Mapping

• CrPC §392 — Procedure where Judges of Court of appeal are equally divided