BNSS Section 432 — Appellate Court may take further evidence or direct it to be taken

CHAPTER XXXI APPEALS

Criminal

Summary

When an appeal is being heard, the appellate court may decide that more evidence is needed. If so, the court must write down its reasons for this decision. The court can then either take that additional evidence itself or order a magistrate—or, if the appellate court is a High Court, a Sessions Court or a magistrate—to take the evidence. Once the additional evidence is taken by the Sessions Court or magistrate, it must be sent to the appellate court, which will then continue with the appeal. The accused person or their lawyer has the right to be present when this additional evidence is being taken. The process of taking this evidence follows the same rules as those for an inquiry under Chapter XXV of the Code.

Official Text

(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.

Related Judgments

  • SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
  • SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
  • SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
  • SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
  • SC (2024) Vol.10 p.1448 — Supreme Court of India (2024)
  • .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
  • SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
  • SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)

Old <-> New Code Mapping

  • CrPC §391 — Appellate Court may take further evidence or direct it to be taken