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 392.
Code of Criminal Procedure, 1973
Section 370
Procedure in case of difference of opinion
Englishहिंदी
⚡ Quick Answer Reference: Section 370 CrPC
- Provision: Section 370 of CrPC
- Act: Code of Criminal Procedure, 1973
- Classification: criminal procedure
- Jurisdiction: India
- Summary: When a case is heard by a panel of judges and they are equally divided in their opinions, this section provides a way to decide the case. It states that the case will be decided according to the procedure outlined in Section 392.
Statutory Content
What does Section 370 of CrPC say?
Indian StandardSection 370, Code of Criminal Procedure, 1973
Bluebook (21st ed.)Code of Criminal Procedure, 1973, § 370 (India)
Court Pleading StandardSection 370 of the Code of Criminal Procedure, 1973
Canonical Web linkhttps://nyaya.cloud/acts/code-of-criminal-procedure-1973/370
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).
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Section Meaning & Purpose
What does Section 370 of CrPC mean?
Plain English Explanation
When a case is heard by a panel of judges and they are equally divided in their opinions, this section provides a way to decide the case. It states that the case will be decided according to the procedure outlined in Section 392.
Practical Interpretation
In real-life legal practice, this section is applied when a panel of judges cannot reach a consensus on a case. The court then follows the procedure outlined in Section 392 to decide the case.
Core Legal Purpose
The core purpose of this section is to provide a mechanism for resolving cases where a panel of judges is equally divided in their opinions. It ensures that the case is decided in a fair and orderly manner.
Key Legal Elements
- •The case is heard by a panel of judges.
- •The judges are equally divided in their opinions.
- •The case is decided according to the procedure outlined in Section 392.
- •There is no specific exception or limitation under this section.
Practical Example
Practical Example of Section 370 CrPC
Suppose a case is heard by a panel of three judges, Rajesh, Priya, and Amit. They are equally divided in their opinions on the case. According to Section 370, the case will be decided according to the procedure outlined in Section 392. The court will then follow the procedure outlined in Section 392 to decide the case.
Common Questions (FAQ)
Frequently Asked Questions about Section 370 CrPC
Q: What is the punishment or consequence under Section 370 of CrPC?
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 cases heard by a panel of judges, regardless of whether the parties involved are private individuals or 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.
People Also Ask (PAA)
Common Questions about Section 370 CrPC
What is Section 370 of CrPC?
Section 370 of the Code of Criminal Procedure, 1973 (CrPC) defines and regulates "Procedure in case of difference of opinion". In plain terms: When a case is heard by a panel of judges and they are equally divided in their opinions, this section provides a way to decide the case. It states that the case will be decided according to the procedure outlined in Section 392.
What is the punishment under Section 370 of CrPC?
Section 370 of CrPC does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 370 of CrPC bailable or non-bailable?
Whether Section 370 of CrPC is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 370 of CrPC?
The essential elements of Section 370 of CrPC are: The case is heard by a panel of judges.; The judges are equally divided in their opinions.; The case is decided according to the procedure outlined in Section 392..
Landmark Case Laws
Landmark Judgments under Section 370 CrPC
Patnahcucisdb94 High Court (10 8)
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