CrPC Section 392 — Procedure where Judges of Court of Appeal are equally divided

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.

Referred to by

• CrPC §39 — Public to give information of certain offences
• CrPC §370 — Procedure in case of difference of opinion
• CrPC §401 — High Court's powers of revision

Related Judgments

• STATE OF UP vs DAN SINGH AND ORS — Supreme Court of India (1997)
• PANKAJAKSHI (DEAD) THROUGH LRS. & OTHERS vs CHANDRIKA & OTHERS — Supreme Court of India (2016)
• K. ANBAZHAGAN vs STATE OF KARNATAKA& ORS — Supreme Court of India (2015)
• RADHA MOHAN SINGH @ LAL SAHEB AND ORS. vs STATE OF U.P — Supreme Court of India (2006)
• SACHIN vs STATE OF MAHARASHTRA — Supreme Court of India (2025)
• MUNNA PANDEY vs STATE OF BIHAR — Supreme Court of India (2023)

Old <-> New Code Mapping

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