Procedure where Judges of Court of appeal are equally divided
AI Assist
Summary
When a High Court Bench hearing an appeal is equally divided in opinion, the appeal and the judges' opinions are placed before another Judge of that Court. That Judge may hear the matter as he thinks fit and will give his opinion, and the judgment or order follows that opinion. If one of the original Bench judges or that Judge requests, the appeal may instead be re-heard and decided by a larger Bench.
Example
Priya appeals a conviction to the High Court and a two-Judge Bench is equally divided. The appeal and the two judges' opinions are sent to another Judge, who hears Priya's case and gives his opinion; the court then follows that opinion in its judgment.
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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