Section 433 – Bharatiya Nagarik Suraksha Sanhita (BNSS) – Procedure Where Judges Of Court Of Appeal Are Equally Divided.

Code: Section 433 BNSS

Section 433
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, along with their opinions, shall be laid before another judge of the same Court. After hearing the case as he thinks fit, the new judge shall deliver his opinion. The judgment or order will then follow that opinion.
Provided that if any of the judges on the Bench, or the judge who receives the case, requests, the appeal may be re-heard and decided by a larger bench of judges.

Explanation of Section 433 BNSS

Section 433 deals with situations where the judges hearing an appeal are equally divided in their opinion. In such cases:

1. The Case is Transferred to Another Judge: If the judges disagree, the appeal, along with their opinions, will be sent to another judge of the same Court.
2. New Judge Delivers Opinion: The new judge will hear the case and provide their opinion, which will then be followed in the judgment or order.
3. Re-hearing by a Larger Bench: If any judge (either from the original bench or the new judge) requests, the case can be re-heard by a larger bench of judges for a final decision.

Illustration

Example 1: Equal Division Among Judges

A High Court Bench hears an appeal, but the judges cannot agree on the outcome. In this case, the appeal, along with their differing opinions, will be sent to another judge. The new judge will make the final decision, and the judgment will follow their opinion.

Example 2: Re-hearing by a Larger Bench

In another case, the High Court judges are divided in opinion. One of the judges requests a re-hearing by a larger bench. The appeal is then sent to a larger group of judges, who will consider the case and issue a final judgment.

Common Questions and Answers on Section 433 BNSS

1. What happens if the judges are divided in opinion?

• Answer: If the judges are equally divided, the appeal is sent to another judge, who will make the final decision. The judgment will follow the opinion of that judge.

2. Can the appeal be re-heard by a larger bench?

• Answer: Yes, if any of the judges requests, the appeal can be heard by a larger bench of judges to make the final decision.

3. How is the final judgment made if the judges disagree?

• Answer: The final judgment will follow the opinion of the judge who is assigned the case after the judges are divided. If needed, a larger bench can re-hear the case and decide on it.

Conclusion

Section 433 ensures that if the judges in an appellate case are equally divided in opinion, the case can be referred to another judge, who will make the final decision. Additionally, if necessary, the appeal can be heard by a larger bench of judges to ensure a fair and just outcome.