Procedure where Judges of Court of appeal are equally divided
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Summary
When a High Court Bench hearing an appeal is evenly divided, the appeal and the judges' opinions go to another Judge of that Court. That Judge may hear the matter as he thinks fit and gives his opinion, and the final judgment follows that opinion. If any judge on the Bench, or the Judge who gets the case, requests it, the appeal can be reheard and decided by a larger Bench.
Example
Priya appeals a conviction to the High Court before a two-Judge Bench that disagrees. Their opinions are sent to another Judge, who hears her case and gives an opinion; the court then follows that opinion in its judgment. If one of the original judges or the new Judge asks, the appeal can be reheard by a larger Bench.
Bare Act
Enacted textWhen 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.
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