Bharatiya Nagarik Suraksha Sanhita, 2023
BNSS Section 432
Appellate Court may take further evidence or direct it to be taken
In one line
BNSS Section 432 deals with appellate court may take further evidence or direct it to be taken and replaces CrPC 391.
Bare act text — BNSS 432
432. Appellate Court may take further evidence or direct it to be taken.
(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.
What changed from the CrPC
- CrPC 391 → BNSS 432: "pleader" is replaced by "advocate".
Frequently asked
What was BNSS Section 432 in the CrPC?
BNSS Section 432 (Appellate Court may take further evidence or direct it to be taken) replaces Section 391 of the Code of Criminal Procedure, 1973. CrPC 391 is now BNSS 432.
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Nearby BNSS sections
- BNSS 427 — Powers of Appellate Court
- BNSS 428 — Judgments of subordinate Appellate Court
- BNSS 429 — Order of High Court on appeal to be certified to lower Court
- BNSS 430 — Suspension of sentence pending appeal; release of appellant on bail
- BNSS 431 — Arrest of accused in appeal from acquittal
- BNSS 433 — Procedure where Judges of Court of appeal are equally divided
- BNSS 434 — Finality of judgments and orders on appeal
- BNSS 435 — Abatement of appeals
- BNSS 436 — Reference to High Court
- BNSS 437 — Disposal of case according to decision of High Court