BNSS · Bharatiya Nagarik Suraksha Sanhita, 2023
Section 432 — Appellate Court may take further evidence or direct it to be taken.
Replaces CrPC Section 391.
(1) In dealing with any appeal under this Chapter, the Appellate Court, if it thinks additional evidence to be necessary, shall record its reasons and may either take such evidence itself, or direct it to be taken by a Magistrate or, when the Appellate Court is a High Court, by a Court of Session or a Magistrate. (2) When the additional evidence is taken by the Court of Session or the Magistrate, it or he shall certify such evidence to the Appellate Court, and such Court shall thereupon proceed to dispose of the appeal. (3) The accused or his advocate shall have the right to be present when the additional evidence is taken. (4) The taking of evidence under this section shall be subject to the provisions of Chapter XXV, as if it were an inquiry.
Nearby sections
- 429 Order of High Court on appeal to be certified to lower Court.
- 430 Suspension of sentence pending appeal; release of appellant on bail.
- 431 Arrest of accused in appeal from acquittal.
- 433 Procedure where Judges of Court of appeal are equally divided.
- 434 Finality of judgments and orders on appeal.
- 435 Abatement of appeals.
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