CrPC 392→BNSS 433

CrPC 392 to BNSS 433: Procedure where Judges of Court of Appeal are equally divided

Section 392 CrPC (1973) replaced by Section 433 BNSS (2023)

View CrPC Section 392 →View BNSS Section 433 →

CrPC 392 to BNSS 433 at a Glance

Section 392 CrPC (Procedure where Judges of Court of Appeal are equally divided) is now Section 433 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 392 to BNSS 433?

Section 392 CrPC became Section 433 BNSS from 1 July 2024. The heading is the same and the text is the same.

CrPC 392 vs BNSS 433: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section392433
HeadingProcedure where Judges of Court of Appeal are equally dividedSame

CrPC 392 and BNSS 433: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 392, CrPC 1973

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.
BNSS 2023 (in force)

Section 433, BNSS 2023

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.

When It Applies: CrPC 392 vs BNSS 433

Under CrPC 392
  1. Section 392 CrPC applies when an appeal under this Chapter is heard by a High Court before a Bench of Judges and they are divided in opinion.
  2. The appeal, with the opinions of the Judges, shall be laid before another Judge of that Court.
  3. That Judge, after such hearing as that Judge thinks fit, shall deliver an opinion, and the judgment or order shall follow that opinion.
  4. If one of the Judges constituting the Bench so requires, or, where the appeal is laid before another Judge, that Judge so requires, the appeal shall be re-heard and decided by a larger Bench of Judges.
Under BNSS 433
  1. Section 433 BNSS applies when an appeal under this Chapter is heard by a High Court before a Bench of Judges and they are divided in opinion.
  2. The appeal, with the opinions of the Judges, shall be laid before another Judge of that Court.
  3. That Judge, after such hearing as that Judge thinks fit, shall deliver an opinion, and the judgment or order shall follow that opinion.
  4. If one of the Judges constituting the Bench so requires, or, where the appeal is laid before another Judge, that Judge so requires, the appeal shall be re-heard and decided by a larger Bench of Judges.

What CrPC 392 to BNSS 433 Means in Practice

From 1 July 2024 the provision on the procedure where Judges of the Court of Appeal are equally divided is found in Section 433 BNSS. The text to read is the same as in Section 392 CrPC.

FAQs: CrPC 392 to BNSS 433

Where is Section 392 CrPC found from 1 July 2024?▼

Section 392 CrPC is found in Section 433 BNSS.

Does the text of Section 433 BNSS differ from Section 392 CrPC?▼

No. Section 433 BNSS has the same heading and the same text as Section 392 CrPC.

Before whom is the appeal laid under Section 433 BNSS when the Judges are divided in opinion?▼

The appeal, with their opinions, shall be laid before another Judge of that Court. Section 392 CrPC reads the same.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 20 Oct 2026 ·