Appellate Court may take further evidence or direct it to be taken.

What this section does

An Appellate Court dealing with an appeal may, if it considers additional evidence necessary, record its reasons and either take such evidence itself or direct a Magistrate (or, if the Appellate Court is a High Court, a Court of Session or Magistrate) to take it. Evidence so taken must be certified to the Appellate Court, which then proceeds to dispose of the appeal. The accused or their advocate has the right to be present when additional evidence is taken.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Procedure at a glance

Key actors

Appellate Court · High Court · Court of Session · Magistrate · Accused · Advocate

Derived from CrPC s.391.