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)
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
| Aspect | CrPC 1973 (repealed) | BNSS 2023 (in force) |
|---|---|---|
| Section | 392 | 433 |
| Heading | Procedure where Judges of Court of Appeal are equally divided | Same |
CrPC 392 and BNSS 433: Bare Act Text Side by Side
Section 392, CrPC 1973
Section 433, BNSS 2023
When It Applies: CrPC 392 vs BNSS 433
- 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.
- The appeal, with the opinions of the Judges, shall be laid before another Judge of that Court.
- That Judge, after such hearing as that Judge thinks fit, shall deliver an opinion, and the judgment or order shall follow that opinion.
- 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.
- 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.
- The appeal, with the opinions of the Judges, shall be laid before another Judge of that Court.
- That Judge, after such hearing as that Judge thinks fit, shall deliver an opinion, and the judgment or order shall follow that opinion.
- 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
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 ·