Section 370 CrPC: Procedure in Case of Difference of Opinion
Section 370 of the Code of Criminal Procedure, 1973 addresses an equal division of opinion between High Court judges in death sentence confirmation proceedings. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 411 BNSS.
Text of Section 370 CrPC, 1973
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 392.
Section 411 BNSS, 2023: Current corresponding provision
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.
Both provisions concern cases submitted to the High Court for confirmation of a death sentence. The main cross-reference has changed from Section 392 CrPC to Section 433 BNSS.
Meaning and practical application
When a Court of Session awards a death sentence, the sentence requires High Court confirmation before it can be executed. Under Section 407 BNSS (formerly Section 366 CrPC), the Sessions Court submits the proceedings to the High Court. If the judges on the High Court bench disagree equally about the outcome, Section 411 provides the mechanism for resolving that disagreement.
Under Section 433 BNSS, where judges hearing an appeal are divided in opinion, the matter with their opinions is placed before another judge of the High Court. That judge hears the matter as considered appropriate and gives an opinion, following which the judgment or order is made. The proviso also permits a rehearing and decision by a larger bench where the statutory conditions are met. Section 411 applies that mechanism to the death sentence confirmation context.
Related legal provisions
| CrPC, 1973 | BNSS, 2023 | Subject |
|---|---|---|
| Section 366 | Section 407 | Death sentence submitted for High Court confirmation |
| Section 367 | Section 408 | Further inquiry or additional evidence |
| Section 368 | Section 409 | High Court powers on confirmation |
| Section 369 | Section 410 | Order to be signed by at least two judges where applicable |
| Section 370 | Section 411 | Difference of opinion |
| Section 392 | Section 433 | Procedure when appellate judges are divided |
Frequently asked questions
What does Section 370 CrPC provide?
It directs that an equal division of opinion among judges in a death sentence confirmation case be resolved using the procedure in Section 392 CrPC.
Which BNSS section corresponds to Section 370 CrPC?
Section 411 BNSS corresponds to Section 370 CrPC. It refers to Section 433 BNSS.
Does an equal division automatically confirm a death sentence?
No. The statutory procedure for resolving the judicial disagreement must be followed; an equal split is not itself confirmation.
Does CrPC still apply to any cases?
Section 531 BNSS contains repeal and savings provisions for certain proceedings pending immediately before commencement. The applicable procedure depends on the case and transitional rules.
Official legal sources
Read the Bharatiya Nagarik Suraksha Sanhita, 2023 on India Code, the government-hosted BNSS text and section comparison, and the Ministry of Home Affairs criminal law resources.
This article provides general legal information. Application to a particular proceeding depends on the record, relevant procedural law and judicial orders.