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 433.
Bharatiya Nagarik Suraksha Sanhita
Section 411
Procedure in case of difference of opinion
Englishहिंदी
⚡ Quick Answer Reference: Section 411 BNSS
- Provision: Section 411 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION
- Jurisdiction: India
- Summary: This section explains what happens when judges in a Bench are equally divided on a case. It refers to another section, 433, for the decision-making process.
Statutory Content
What does Section 411 of BNSS say?
Indian StandardSection 411, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 411 (India)
Court Pleading StandardSection 411 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/411
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).
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Section Meaning & Purpose
What does Section 411 of BNSS mean?
Plain English Explanation
This section explains what happens when judges in a Bench are equally divided on a case. It refers to another section, 433, for the decision-making process.
Practical Interpretation
In practice, this means that when judges cannot agree, the case is decided according to the rules outlined in section 433, ensuring a clear procedure for resolving such disagreements.
Core Legal Purpose
The core purpose is to provide a clear mechanism for resolving cases when there is a tie in the judges' opinions, ensuring that the legal process can continue without deadlock.
Key Legal Elements
- •A case is heard before a Bench of Judges.
- •The Judges are equally divided in opinion.
- •The case is decided in the manner provided by section 433.
- •No specific exception is mentioned in this section.
Practical Example
Practical Example of Section 411 BNSS
For instance, in a case before the Mumbai High Court, Judges Rajesh and Priya are hearing a matter under the Bharatiya Nagarik Suraksha Sanhita. They are equally divided on the verdict. According to Section 411, the case will be decided as per the procedure outlined in Section 433, ensuring a resolution to the deadlock.
Common Questions (FAQ)
Frequently Asked Questions about Section 411 BNSS
Q: What is the punishment or consequence under Section 411 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
The section applies to cases heard before a Bench of Judges, without specifying whether the parties are private individuals or public entities.
Q: Is an offence under this section bailable or cognizable?
This section is procedural and does not deal with offences, thus it does not classify an offence as bailable or cognizable.
People Also Ask (PAA)
Common Questions about Section 411 BNSS
What is Section 411 of BNSS?
Section 411 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Procedure in case of difference of opinion". In plain terms: This section explains what happens when judges in a Bench are equally divided on a case. It refers to another section, 433, for the decision-making process.
What is the punishment under Section 411 of BNSS?
Section 411 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 411 of BNSS bailable or non-bailable?
Whether Section 411 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 411 of BNSS?
The essential elements of Section 411 of BNSS are: A case is heard before a Bench of Judges.; The Judges are equally divided in opinion.; The case is decided in the manner provided by section 433..
Landmark Case Laws
Landmark Judgments under Section 411 BNSS
Patnahcucisdb94 High Court (10 8)
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