Section 392 CrPC: Procedure where Judges of Court of Appeal are equally divided
Code of Criminal Procedure, 1973
Section 392 CrPC at a Glance
Section 392 CrPC deals with procedure where Judges of Court of Appeal are equally divided. From 1 July 2024 it is replaced by Section 433 BNSS.
What Section 392 CrPC Says
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.
Source: Section 392, Code of Criminal Procedure, 1973
Section 392 CrPC in Simple Words
Section 392 CrPC 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 392 CrPC Applies
- 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.
Example of Section 392 CrPC
When Section 392 CrPC Does Not Apply
- Section 392 CrPC 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 391 CrPC covers.
- Section 392 CrPC 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 393 CrPC covers.
Section 392 CrPC Under BNSS 433: What Changed
Section 392 CrPC is now covered under Section 433 BNSS.
Section 392 CrPC became Section 433 BNSS from 1 July 2024. The heading is the same and the text is the same.
View detailed comparison (CrPC 392 vs BNSS 433) →FAQs on Section 392 CrPC
What happens under Section 392 CrPC 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 392 CrPC?▼
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 392 CrPC?▼
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.
Where is Section 392 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼
Section 392 CrPC has no sub-sections, and maps as a whole to Section 433 BNSS.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 20 Oct 2026 ·