Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 433: Procedure where Judges of Court of Appeal are equally divided
When 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. 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.
Brefe Detail
Section 433 of the Bharatiya Nagarik Suraksha Sanhita, 2023, describes the procedure to be followed when judges of a High Court are equally divided in their opinions regarding an appeal. In such cases, the appeal is presented to another judge who will provide their opinion after a hearing. If requested, the appeal can also be re-heard by a larger bench of judges.
Question & Answers
Q1: What happens if judges are divided in opinion on an appeal?
A1: The appeal, along with their opinions, shall be laid before another Judge of the High Court.
Q2: What is the role of the Judge who receives the appeal?
A2: The Judge shall conduct a hearing as they think fit and deliver their opinion, after which the judgment or order will follow that opinion.
Q3: Can the appeal be re-heard?
A3: Yes, if one of the judges of the original Bench or the Judge to whom the appeal is laid requires it, the appeal shall be re-heard and decided by a larger Bench of Judges.
Example
1. Example of Divided Opinion: If a High Court Bench of three judges hears an appeal and two judges are in favor while one is against, the appeal will be laid before another judge for a decision.
2. Example of a Hearing: After the appeal is presented to the new judge, they may call for a hearing to consider the arguments and evidence before giving their opinion.
3. Example of Larger Bench: If the judge who receives the divided opinion decides that the case is significant, they might require that it be heard by a larger Bench, consisting of five judges, for a more comprehensive ruling.
Summary
Section 433 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the procedure for handling appeals in the event of a tie among judges in a High Court. It provides a mechanism for a single judge to render an opinion, with the possibility of a larger bench being convened for re-hearing if necessary, ensuring that appeals are resolved effectively.
