BNSS Section 433: Procedure where Judges of Court of appeal are equally divided
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter 31: Appeals
433. 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.
Bare act text for reference, current to 1 July 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 413. No appeal to lie unless otherwise provided
- 414. Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour
- 415. Appeals from convictions
- 416. No appeal in certain cases when accused pleads guilty
- 417. No appeal in petty cases
- 418. Appeal by State Government against sentence
- 419. Appeal in case of acquittal
- 420. Appeal against conviction by High Court in certain cases
- 421. Special right of appeal in certain cases
- 422. Appeal to Court of Session how heard
- 423. Petition of appeal
- 424. Procedure when appellant in jail
- 425. Summary dismissal of appeal
- 426. Procedure for hearing appeals not dismissed summarily
- 427. Powers of Appellate Court
- 428. Judgments of subordinate Appellate Court
- 429. Order of High Court on appeal to be certified to lower Court
- 430. Suspension of sentence pending appeal; release of appellant on bail
- 431. Arrest of accused in appeal from acquittal
- 432. Appellate Court may take further evidence or direct it to be taken
- 434. Finality of judgments and orders on appeal
- 435. Abatement of appeals