Bharatiya Nagarik Suraksha Sanhita, 2023
Section 433
Procedure where Judges of Court of appeal are equally divided
When an appeal under this 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.
Why this exists
Appeals in High Courts are often heard by two-judge benches, and disagreement between them would otherwise leave a case undecided. This provision provides a practical tie-breaking mechanism so that justice is not delayed indefinitely, while also preserving the option of a fuller hearing before a larger bench if any judge feels the split needs deeper consideration. It mirrors section 392 of the earlier CrPC.