Section 370 CrPC: Procedure in case of difference of opinion

Code of Criminal Procedure, 1973

Section 370 CrPC at a Glance

Section 370 CrPC deals with procedure in case of difference of opinion. From 1 July 2024 it is replaced by Section 411 BNSS.

Now BNSS

Section 411 →

What Section 370 CrPC Says

370. 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 392.

Source: Section 370, Code of Criminal Procedure, 1973

Section 370 CrPC in Simple Words

Section 370 CrPC 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 392 CrPC.

When Section 370 CrPC 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 392 CrPC, under Section 370 CrPC.

Example of Section 370 CrPC

A case is heard before a Bench of Judges of the High Court, and the Judges are equally divided in opinion. Under Section 370 CrPC, the case shall be decided in the manner provided by Section 392 CrPC.

When Section 370 CrPC Does Not Apply

  • Section 370 CrPC 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 369 CrPC.
  • Section 370 CrPC 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 368 CrPC.

Section 370 CrPC Under BNSS 411: What Changed

Section 370 CrPC is now covered under Section 411 BNSS.

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 detailed comparison (CrPC 370 vs BNSS 411) →

FAQs on Section 370 CrPC

What happens under Section 370 CrPC if the Judges are equally divided in 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 392 CrPC.

Which section provides the manner of deciding the case under Section 370 CrPC?▼

Section 392 CrPC provides the manner in which the case shall be decided.

Which cases does Section 370 CrPC cover?▼

Section 370 CrPC covers any such case heard before a Bench of Judges where the Judges are equally divided in opinion.

Where is Section 370 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 370 CrPC has no sub-sections, and maps as a whole to Section 411 BNSS.

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

Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 20 Oct 2026 ·