Section 433 BNSS: Procedure where Judges of Court of appeal are equally divided
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 433 BNSS at a Glance
Section 433 BNSS deals with procedure where Judges of Court of appeal are equally divided. It replaced Section 392 CrPC on 1 July 2024.
Section 433 BNSS Bare Act Text
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.
Source: Section 433, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 433 BNSS in Simple Words
Section 433 BNSS deals with an appeal under this Chapter heard by a High Court before a Bench of Judges who are divided in opinion. The appeal, with their opinions, 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.
When Section 433 BNSS Applies
- 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.
Example of Section 433 BNSS
When Section 433 BNSS Does Not Apply
- Section 433 BNSS speaks of Judges of a Bench who are divided in opinion. It does not deal with the taking of further evidence in an appeal, which Section 432 BNSS covers.
- Section 433 BNSS speaks of the judgment or order following the opinion of another Judge. It does not deal with the finality of judgments and orders passed by an Appellate Court upon an appeal, which Section 434 BNSS covers.
Section 433 BNSS in the CrPC (Previous Law)
Section 433 BNSS replaces Section 392 CrPC from the old criminal code.
Section 392 CrPC became Section 433 BNSS from 1 July 2024. The heading is the same and the text is the same.
View CrPC Section 392 →FAQs on Section 433 BNSS
What happens under Section 433 BNSS when the Judges of a Bench are divided in opinion?▼
The appeal, with their opinions, shall be laid before another Judge of that Court.
What does the other Judge do under Section 433 BNSS?▼
That Judge, after such hearing as that Judge thinks fit, shall deliver an opinion, and the judgment or order shall follow that opinion.
When shall the appeal be re-heard by a larger Bench under Section 433 BNSS?▼
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 changed from Section 392 CrPC to Section 433 BNSS from 1 July 2024?▼
Nothing in the heading or the text. Section 433 BNSS has the same heading and the same text as Section 392 CrPC.
Have questions about Section 433 BNSS?
Ask NyayGuru for a plain language explanation, or how it applies to your situation.
Ask NyayGuru →Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.
Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 20 Oct 2026 ·