When an appeal is heard by a High Court before a Bench of Judges and they are divided in o...........

Code of Criminal Procedure (CrPC) 1973 Reference Revision and Appeal

When an appeal is heard by a High Court before a Bench of Judges and they are divided in opinion, the appeal, with their opinions -

shall be laid before another Judge of that Court and that Judge, after such hearing as he thinks fit, shall deliver his opinion, and the judgment or order shall follow that opinion

if one of the Judges constituting the Bench, or, where the appeal is laid before another Judge, that Judge, so requires, the appeal shall be re-heard and decided by a larger Bench of Judges

Both (a) and (b)

Neither (a) nor (b)

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Explanation:

Section 392 of Code of Criminal Procedure –
(3) Nothing in this section shall be deemed to authorise a High Court to convert a finding of acquittal into one conviction. (4) Where under this Code an appeal lies and no appeal is brought, no proceeding by way of revision shall be entertained at the instance of the party who could have appealed. (5) Where under this Code an appeal lies but an application for revision has been made to the High Court by any person and the High Court is satisfied that such application was made under the erroneous belief that no appeal lies thereto and that it is necessary in the interests of Justice so to do, the High Court may treat the application for revision as a petition of appeal and deal with the same accordingly.