Section 392 of CrPC : Section 392: Procedure Where Judges Of Court Of Appeal Are Equally Divided

Explanation using Example

Imagine a scenario where a person, Mr. A, is convicted of theft and sentenced to imprisonment by a trial court. Mr. A files an appeal in the High Court challenging his conviction. The appeal is heard by a two-judge bench. After deliberation, one judge believes Mr. A should be acquitted, while the other judge feels the conviction should stand. Due to this disagreement, the appeal, along with the differing opinions, is presented to another Judge of the High Court.

This third judge reviews the case and listens to additional arguments from Mr. A's lawyer. After consideration, the judge agrees with the judge who favored acquittal. Consequently, the High Court's judgment follows the opinion of acquittal, and Mr. A's conviction is overturned. However, if either of the original judges or the third judge insists, the case will be re-heard by a larger bench to reach a majority decision.