Section 411 BNSS: Procedure in case of difference of opinion

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 411 BNSS at a Glance

Section 411 BNSS deals with procedure in case of difference of opinion. It replaced Section 370 CrPC on 1 July 2024.

Section 411 BNSS Bare Act Text

411. Procedure in case of difference of opinion

Where any such case is heard before a Bench of Judges and such Judges are equally divided in opinion, the case shall be decided in the manner provided by section 433.

Source: Section 411, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 411 BNSS in Simple Words

Section 411 BNSS applies where any such case is heard before a Bench of Judges and such Judges are equally divided in opinion. The case shall be decided in the manner provided by Section 433 BNSS.

When Section 411 BNSS Applies

  • Where any such case is heard before a Bench of Judges and such Judges are equally divided in opinion, the case shall be decided in the manner provided by Section 433 BNSS, under Section 411 BNSS.

Example of Section 411 BNSS

A case is heard before a Bench of Judges of the High Court, and the Judges are equally divided in opinion. Under Section 411 BNSS, the case shall be decided in the manner provided by Section 433 BNSS.

When Section 411 BNSS Does Not Apply

  • Section 411 BNSS speaks of a case heard before a Bench of Judges who are equally divided in opinion. It does not deal with the signing of a confirmation or new sentence by at least two Judges, which is the subject of Section 410 BNSS.
  • Section 411 BNSS speaks of the procedure on a difference of opinion. It does not deal with the power of the High Court to confirm a sentence or annul a conviction, which is the subject of Section 409 BNSS.

Section 411 BNSS in the CrPC (Previous Law)

Section 411 BNSS replaces Section 370 CrPC from the old criminal code.

Section 411 BNSS has the same heading and the same text as Section 370 CrPC, except that Section 411 BNSS refers to Section 433 BNSS where Section 370 CrPC referred to Section 392 CrPC.

View CrPC Section 370 โ†’

FAQs on Section 411 BNSS

What happens under Section 411 BNSS if the Judges are equally divided in opinion?โ–ผ

Where any such case is heard before a Bench of Judges and such Judges are equally divided in opinion, the case shall be decided in the manner provided by Section 433 BNSS.

Which section provides the manner of deciding the case under Section 411 BNSS?โ–ผ

Section 433 BNSS provides the manner in which the case shall be decided.

Which cases does Section 411 BNSS cover?โ–ผ

Section 411 BNSS covers any such case heard before a Bench of Judges where the Judges are equally divided in opinion.

What changed from Section 370 CrPC to Section 411 BNSS from 1 July 2024?โ–ผ

Section 411 BNSS has the same heading and the same text as Section 370 CrPC. Section 411 BNSS refers to Section 433 BNSS where Section 370 CrPC referred to Section 392 CrPC.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 ยท Last updated: 20 Oct 2026 ยท