Section 392 of CrPC : Section 392: Procedure where Judges of Court of Appeal are equally divided.

Explanation using Example

Example 1:

Scenario: Rajesh is convicted of theft and sentenced to three years in prison by a lower court. He appeals the decision to the High Court. The appeal is heard by a Bench of two Judges.

Situation: After hearing the arguments, one Judge believes that Rajesh should be acquitted due to lack of evidence, while the other Judge believes that the conviction should be upheld.

Application of Section 392: Since the two Judges are equally divided in their opinion, the appeal, along with their opinions, is laid before a third Judge of the High Court. This third Judge reviews the case, hears any additional arguments if necessary, and delivers his opinion. If the third Judge agrees with the first Judge, Rajesh will be acquitted. If the third Judge agrees with the second Judge, the conviction will be upheld.

Outcome: The judgment or order will follow the opinion of the third Judge. If the third Judge feels that the case is too complex or significant, he may request that the appeal be re-heard and decided by a larger Bench of Judges.

Example 2:

Scenario: Priya is convicted of fraud and sentenced to five years in prison. She appeals the decision to the High Court. The appeal is heard by a Bench of three Judges.

Situation: After hearing the case, one Judge believes that Priya should be acquitted, another Judge believes that the conviction should be upheld, and the third Judge believes that the sentence should be reduced but the conviction should stand.

Application of Section 392: Since the Judges are divided in their opinion, the appeal, along with their opinions, is laid before another Judge of the High Court. This fourth Judge reviews the case, hears any additional arguments if necessary, and delivers his opinion. If the fourth Judge agrees with the Judge who believes in acquittal, Priya will be acquitted. If the fourth Judge agrees with the Judge who believes in upholding the conviction, the conviction will stand. If the fourth Judge believes in reducing the sentence, the sentence will be reduced accordingly.

Outcome: The judgment or order will follow the opinion of the fourth Judge. If the fourth Judge feels that the case is too complex or significant, he may request that the appeal be re-heard and decided by a larger Bench of Judges.