Code of Criminal Procedure, 1973

Section 392

Procedure where Judges of Court of appeal are equally divided

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⚡ Quick Answer Reference: Section 392 CrPC

Provision: Section 392 of CrPC
Act: Code of Criminal Procedure, 1973
Classification: criminal procedure
Jurisdiction: India

Statutory Content

What does Section 392 of CrPC 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 392, Code of Criminal Procedure, 1973

Bluebook (21st ed.)Code of Criminal Procedure, 1973, § 392 (India)

Court Pleading StandardSection 392 of the Code of Criminal Procedure, 1973

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗

Common Questions about Section 392 CrPC

What is Section 392 of CrPC?

Section 392 of the Code of Criminal Procedure, 1973 (CrPC) defines and regulates "Procedure where Judges of Court of appeal are equally divided". The section states: 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 J...