BNSS Section 432: Appellate Court may take further evidence or direct it to be taken
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter 31: Appeals
Also available in: हिंदी
¶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.
Study: explanations and related material
Replaces CrPC 391. CrPC → BNSS converterSource: BPR&D BNSS–CrPC corresponding section table (UP Police, 2024-07-03)
Official reference: Ministry of Home Affairs: Gazette text, 25 December 2023 — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-07-01.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately.
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 413. No appeal to lie unless otherwise provided
- 414. Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour
- 415. Appeals from convictions
- 416. No appeal in certain cases when accused pleads guilty
- 417. No appeal in petty cases
- 418. Appeal by State Government against sentence
- 419. Appeal in case of acquittal
- 420. Appeal against conviction by High Court in certain cases
- 421. Special right of appeal in certain cases
- 422. Appeal to Court of Session how heard
- 423. Petition of appeal
- 424. Procedure when appellant in jail
- 425. Summary dismissal of appeal
- 426. Procedure for hearing appeals not dismissed summarily
- 427. Powers of Appellate Court
- 428. Judgments of subordinate Appellate Court
- 429. Order of High Court on appeal to be certified to lower Court
- 430. Suspension of sentence pending appeal; release of appellant on bail
- 431. Arrest of accused in appeal from acquittal
- 433. Procedure where Judges of Court of appeal are equally divided
- 434. Finality of judgments and orders on appeal
- 435. Abatement of appeals