Section 411 BNSS: Procedure in case of difference of opinion (Formerly Section 370 CrPC)

Section 411 of Bharatiya Nagarik Suraksha Sanhita, 2023: Procedure in case of difference of opinion

Official Bare Act Text

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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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 411

Section 411 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 370 of the CrPC, 1973) prescribes the procedure when there is a difference of opinion between the Judges of the Division Bench hearing a death confirmation reference.

Equal Division of Opinion: Applies where the confirmation reference or appeal is heard before a Bench of two Judges and they are equally divided in opinion.
Reference to Third Judge: The case, with their opinions, shall be laid before another Judge of that Court in accordance with Section 433 BNSS.
Third Judge Decision Governs: Such third Judge, after such hearing as they think fit, shall deliver their opinion, and the judgment or order shall follow that opinion.

Key Landmark Precedents:

Babu v. State of U.P., (1983) 2 SCC 21: The Supreme Court noted that when one Judge of the High Court acquits or commutes a death sentence and the other confirms, the third Judge must independently review the entire evidence.
Pandurang v. State of Hyderabad, AIR 1955 SC 216: Held that where one High Court Judge has held in favor of life imprisonment, that itself constitutes a significant factor weighing against capital punishment.

Courtroom Practice & Strategic Litigation Guidance:

Before the third referee Judge, emphasize the dissenting Judge's opinion to establish reasonable doubt or to argue that the existence of judicial doubt precludes imposing the death penalty.