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Section 392 — Procedure where Judges of Court of Appeal are equally divided
392
392
Procedure where Judges of Court of Appeal are equally divided
Code of Criminal Procedure, 1973
Chapter XXIX Appeals
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Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 years
📅 Updated 2026-04-10📚 Source: The Gazette of India
AppealsCourt ProcedureHigh Court
🗣️ Simple Explanation
What does this law say? Section 392 of the CrPC explains what happens if judges in the High Court disagree on an appeal. If the judges are split, the case goes to another judge. That judge gives their opinion, and the final decision follows that opinion. The case can also be reheard by a larger group of judges if needed.
Why does this law exist? This law ensures that appeals are decided even when judges disagree. It provides a clear process to resolve disagreements. It helps to maintain the efficiency of the court.
Real-life impact This section ensures that appeals are not stuck due to disagreements among judges. It provides a way to reach a final decision. This helps to resolve cases and bring closure to those involved.
What happens if you break this law? This section is about court procedure. It doesn't directly punish anyone. It ensures the appeal process is fair and efficient.
💡 Real Life Example

Amit's appeal is heard by two High Court judges, but they disagree. According to Section 392, the case goes to another judge. The new judge's opinion decides the outcome of Amit's appeal.
Sneha's appeal is heard, and the judges are split. One judge asks for a larger bench to rehear the case. This ensures a more comprehensive review of the appeal, leading to a final decision.

🛡️ KNOW YOUR RIGHTS
  • •Understand the process if judges disagree on your appeal.
  • •Know that another judge will review the case.
  • •Be aware of the possibility of a larger bench hearing the appeal.
  • •Ensure your lawyer is informed of the procedure.
❓ FREQUENTLY ASKED QUESTIONS
Section 392 of the CrPC deals with what happens when judges in the High Court disagree on an appeal. If the judges are split, the case goes to another judge. That judge gives their opinion, and the final decision follows that opinion. The case can also be reheard by a larger group of judges if needed. This ensures a final decision is reached.
No, Section 392 itself does not outline any specific punishment. It is a procedural section. It explains how the court handles disagreements among judges during an appeal. The focus is on ensuring a fair and thorough review of the case.
Sources & References

📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library

⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice

📚 Act Reference: Code of Criminal Procedure, 1973

Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.

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