Code of Criminal Procedure, 1973 · Chapter XXVIII: Submission of Death Sentences for Confirmation
Section 370: Procedure in case of difference of opinion
The Code of Criminal Procedure, 1973 was repealed and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.
In plain words
If the Judges hearing a death reference are equally divided, the case is decided as provided in section 392.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 370
-
Munna Pandey v. State of Bihar
Whether the High Court erred in confirming the conviction and death sentence passed by trial court against appellant-accused for offences punishable u/ss.302, 376, IPC and s.4, POCSO Act, 2012, despite serious lapses in…