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


 
Category of Bare Act Name of the Act Year of Promulgation
Criminal Laws Code of Criminal Procedure 1973
Act Number Enactment Date Chapter Number
02 01-04-1974 29
Chapter Title Ministry Department
Appeals Ministry of Home Affairs Department of Internal Security

(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.

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