CRPC §392 → BNSS §433
Procedure where Judges of Court of Appeal are equally divided
Jump to section
Comparison
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.
433. 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.
What changedAI-inferred
Procedure where Judges of Court of Appeal are equally divided.
Old position
CrPC 392 is concerned with Procedure where Judges of Court of Appeal are equally divided. Procedure where Judges of Court of Appeal are equally divided
New position
BNSS 433 preserves the framework with drafting modernisations as required by the new code. Topic: where Judges appeal are 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
BNSS 433 (where Judges appeal are divided.) preserves the framework of CrPC 392. BNSS 433 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BNSS 433 text: When an appeal under this Chapter is heard by...
Editorial deltaAI-indicated (source-linked)
BNSS 433 (where Judges appeal are divided.) preserves the framework of CrPC 392. BNSS 433 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BNSS 433 text: 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...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, CrPC 392 continues to apply. For matters from that date forward, BNSS 433 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNSS 433 (where Judges appeal are divided.). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Code of Criminal Procedure, 1973
- Gazette of India — Bharatiya Nagarik Suraksha Sanhita, 2023
Cite this page
Newlaws.in, CRPC §392 → BNSS §433 Mapping Page, last updated 2026-05-01, accessed 2026-06-12, https://newlaws.in/crpc/392.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
Not legal advice. Verify against the bare act and consult a qualified advocate for any specific matter.