Section 433 BNSS: Procedure Where Judges of Court of Appeal Are Equally Divided
Section 433 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) prescribes the procedure to be followed when a criminal appeal is heard by a Bench of the High Court and the Judges are equally divided in their opinions. The provision forms part of Chapter XXXI dealing with appeals.
Text of Section 433 BNSS
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.
Meaning and Scope of Section 433
The section applies when a High Court criminal appeal is heard by a Bench consisting of an even number of Judges and the Judges are equally divided on the result. Instead of allowing the appeal to remain unresolved, the statute provides a mechanism for reaching a binding decision.
- The provision applies to an appeal under the appeals chapter of the BNSS.
- The original Judges record their respective opinions.
- The appeal, together with those opinions, is placed before another Judge of the same High Court.
- The additional Judge may conduct such further hearing as considered appropriate.
- The judgment or order follows the opinion delivered by that Judge.
- A larger Bench rehearing may be required if one of the original Judges or the additional Judge so requires.
How the Procedure Works
1. Equal division of opinion
The section is triggered when the Judges hearing the appeal do not reach a majority view and are equally divided.
2. Reference to another Judge
The appeal is placed before another Judge of the same High Court along with the opinions already expressed by the Judges who heard the matter.
3. Further hearing, if considered necessary
The additional Judge may hear the matter to the extent considered appropriate before expressing an opinion. The final judgment or order then follows that opinion.
4. Larger Bench option
The proviso preserves a further safeguard. If one of the Judges of the original Bench, or the Judge to whom the appeal is referred, requires it, the appeal must be reheard and decided by a larger Bench.
Section 433 BNSS and Section 392 CrPC
| BNSS, 2023 | CrPC, 1973 | Subject |
|---|---|---|
| Section 433 | Section 392 | Procedure where Judges of the Court of Appeal are equally divided. |
The wording and procedural rule in Section 433 BNSS substantially correspond to Section 392 of the Code of Criminal Procedure, 1973. Accordingly, older judicial decisions interpreting Section 392 CrPC may remain relevant where the statutory language and context are materially the same, subject to the facts of the case and the applicable transition provisions.
Why Section 433 Matters
The provision ensures that a criminal appeal before the High Court can be conclusively decided even where the Judges hearing it initially are evenly split. It also protects institutional consistency by keeping the decision within the High Court and by permitting a larger Bench rehearing where a Judge considers that course necessary.
Official Legal Sources
For the authoritative statutory text, refer to the Bharatiya Nagarik Suraksha Sanhita, 2023 on India Code. The Central Government's commencement notification appointing 1 July 2024 as the date on which the BNSS came into force is available from the Ministry of Home Affairs.
Note: This page is intended as a legal information resource. For application to a particular appeal, the statutory text, relevant rules, binding precedents, and current procedural orders should be examined.