Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 411: Procedure in case of difference of opinion
Where any such case is heard before a Bench of Judges and such Judges are equally divided in opinion, the case shall be decided in the manner provided by section 433.
Brefe Detail
Section 411 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the procedure to be followed when Judges are equally divided in their opinion while hearing a case before a Bench of Judges. In such cases, the decision will be made in accordance with the process laid out in Section 433 of the same Act.
Question & Answers
Q1: What happens if Judges are equally divided in opinion in a case heard by a Bench of Judges?
A1: If the Judges are equally divided in opinion, the case will be decided in the manner provided by Section 433 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Q2: Which section of the Bharatiya Nagarik Suraksha Sanhita, 2023, comes into play when there is a difference of opinion among Judges?
A2: Section 433 comes into play when there is a difference of opinion among Judges in a case heard by a Bench.
Q3: Does Section 411 specify any alternative method to decide the case when Judges disagree?
A3: No, Section 411 does not specify an alternative method; it directs that the case be decided following the procedure described in Section 433.
Example
Example 1:
A case is being heard by a Bench of two Judges, and they are unable to agree on the judgment. According to Section 411, since they are divided in opinion, the case will be decided as per the procedure outlined in Section 433.
Example 2:
In a three-judge Bench, two Judges are in favor of a particular decision, but the third Judge disagrees. Since there is an equal division, Section 411 would require the case to be resolved under Section 433, which may involve further procedural steps.
Summary
Section 411 of the Bharatiya Nagarik Suraksha Sanhita, 2023, addresses the scenario where Judges on a Bench are equally divided in their opinion. In such cases, the case is to be decided as per the procedure provided in Section 433, ensuring that the matter is resolved in a systematic manner.
