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

CHAPTER XXIX APPEALS

General

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 pleader 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 XXIII, as if it were an inquiry.

Referred to by

CrPC §401 — High Court's powers of revision

Related Judgments

HARENDRA RAI vs THE STATE OF BIHAR & ORS — Supreme Court of India (2023)
BRIG. SUKHJEET SINGH (RETD.) MVC vs THE STATE OF UTTAR PRADESH & ORS — Supreme Court of India (2019)
AJITSINH CHEHUJI RATHOD vs STATE OF GUJARAT & ANR — Supreme Court of India (2024)
MUNNA PANDEY vs STATE OF BIHAR — Supreme Court of India (2023)
SUDERSHAN SINGH WAZIR vs STATE (NCT OF DELHI) & ORS — Supreme Court of India (2025)
LAKHAN SINGH vs AMARJEET SINGH & ANR — Supreme Court of India (2022)

Old <-> New Code Mapping

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