Central Act

392

Section 392. Procedure where Judges of Court of Appeal are equally divided.

THE CODE OF CRIMINAL PROCEDURE, 1973

Act no. 2 of 19741974Repealed 1 July 2024All India (Central Act)

This Act was repealed on 1 July 2024 by the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), s.531(1); it may still apply to matters that began before then.

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.