Procedure in case of difference of opinion

If a Bench of judges is equally divided in opinion on a case, the tie does not end the matter. The Code’s special tie-breaking procedure applies. The Bench must follow the mechanism laid down in section 433 to reach a final decision.

Priya’s appeal is heard by a two-judge Bench and the judges split 1-1 on whether to convict. Because they are equally divided, the Bench must follow the tie-breaking mechanism in section 433 to produce the final decision. Priya’s outcome will depend on that procedure rather than further informal discussion.