Bharatiya Nagarik Suraksha Sanhita

Section 433

Procedure where Judges of Court of appeal are equally divided.

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⚡ Quick Answer Reference: Section 433 BNSS

Provision: Section 433 of BNSS
Act: Bharatiya Nagarik Suraksha Sanhita
Classification: APPEALS
Jurisdiction: India
Summary: When judges in a High Court's appeal bench are equally divided in their opinions, they must send the case to another judge. This new judge will review the case and deliver their opinion, which will decide the outcome of the appeal. If one of the judges wants a re-hearing with a larger bench, the appeal will be re-heard.

Statutory Content

What does Section 433 of BNSS say?

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.

Indian StandardSection 433, Bharatiya Nagarik Suraksha Sanhita

Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 433 (India)

Court Pleading StandardSection 433 of the Bharatiya Nagarik Suraksha Sanhita

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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 433 of BNSS mean?

Plain English Explanation

When judges in a High Court's appeal bench are equally divided in their opinions, they must send the case to another judge. This new judge will review the case and deliver their opinion, which will decide the outcome of the appeal. If one of the judges wants a re-hearing with a larger bench, the appeal will be re-heard.

Practical Interpretation

This section ensures that when judges are unable to agree on an appeal, the case is not left in limbo. Instead, it is sent to another judge who can provide a clear decision, promoting the efficient administration of justice.

Core Legal Purpose

The core purpose of this section is to provide a mechanism for resolving disputes when judges in a High Court's appeal bench are equally divided, ensuring that appeals are decided in a fair and timely manner.

Key Legal Elements

•An appeal under this Chapter is heard by a High Court before a Bench of Judges.
•The Judges are divided in opinion.
•The appeal, with their opinions, shall be laid before another Judge of that Court.
•The Judge, after such hearing as he thinks fit, shall deliver his opinion, and the judgment or order shall follow that opinion.

Practical Example

Practical Example of Section 433 BNSS

Rajesh and Priya, two judges in the High Court's appeal bench, are hearing an appeal by Amit. After reviewing the case, they are unable to agree on the outcome. According to Section 433 of BNSS, they must send the case to another judge, let's say Judge Kumar. Judge Kumar reviews the case, considers the opinions of Rajesh and Priya, and delivers their opinion. The judgment or order in the appeal is then based on Judge Kumar's opinion.

Common Questions (FAQ)

Frequently Asked Questions about Section 433 BNSS

Q: What is the punishment or consequence under Section 433 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?

This section applies to appeals under this Chapter, which implies that it applies to both private individuals and public entities.

Q: Is an offence under this section bailable or cognizable?

This section is a procedural provision and does not prescribe a penal punishment, so it is neither bailable nor cognizable.

Common Questions about Section 433 BNSS

What is Section 433 of BNSS?

Section 433 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Procedure where Judges of Court of appeal are equally divided.". In plain terms: When judges in a High Court's appeal bench are equally divided in their opinions, they must send the case to another judge. This new judge will review the case and deliver their opinion, which will decide the outcome of the appeal. If one of the judges wants a re-hearing with a larger bench, the appeal will be re-heard.

What is the punishment under Section 433 of BNSS?

Section 433 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 433 of BNSS bailable or non-bailable?

Whether Section 433 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 433 of BNSS?

The essential elements of Section 433 of BNSS are: An appeal under this Chapter is heard by a High Court before a Bench of Judges.; The Judges are divided in opinion.; The appeal, with their opinions, shall be laid before another Judge of that Court..

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