Procedure where Judges of Court of appeal are equally divided.
What this section does
When a High Court Bench hearing an appeal is equally divided in opinion, the appeal and the divergent opinions are placed before another Judge of that Court, who after such hearing as they think fit delivers an opinion, and the judgment or order follows that opinion. Either of the original Bench Judges or the third Judge may require the appeal to be re-heard by a larger Bench.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Procedure at a glance
- Key actors
- High Court · Bench of Judges
Derived from CrPC s.392.
Read the official text
For the binding statutory text of BNSS Section 433, refer to the Gazette of India or the India Code official website.
Why this matters
BNSS Section 433 forms part of Bharatiya Nagarik Suraksha Sanhita which replaced the Code of Criminal Procedure 1973 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.