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CrPC, 1973
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CrPCChapter XXVIIISection 370
Section370

Procedure in case of difference of opinion

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Summary

When a case before a Bench of judges is equally divided in opinion, the deadlock must be resolved by the special procedure the Code provides for differences of opinion. That procedure sets out how the case will be finally decided when judges are split evenly.

Example

Priya appeals a conviction to a two-judge Bench. The two judges are equally divided on whether she is guilty, so the case will be decided using the Code's prescribed procedure for differences of opinion.

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Enacted text

Where any such case is heard before a Bench of Judges and such Judges are equally divided in opinion, the case shall be decided in the manner provided by section 392.

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XXVIII

Chapter XXVIII

Submission Of Death Sentences For Confirmation

In this chapter

  • 366Sentence of death to be submitted by Court of Session for confirmation
  • 367Power to direct further inquiry to be made or additional evidence to be taken
  • 368Power of High Court to confirm sentence or annul conviction
  • 369Confirmation or new sentence to be signed by two Judges
  • 370Procedure in case of difference of opinion
  • 371Procedure in cases submitted to High Court for confirmation
Previous · Section 369Confirmation or new sentence to be signed by two JudgesNext · Section 371Procedure in cases submitted to High Court for confirmation