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

Section 432 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with appellate Court may take further evidence or direct it to be taken. It replaces CrPC 391 of the Code of Criminal Procedure, 1973.

Text of BNSS Section 432

432. (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.

Procedure where Judges of Court of appeal are equally divided.

CrPC sections replaced

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