CrPC Section-391 - Appellate Court may take further evidence or direct it to be taken
Description
- In handling any appeal under this Chapter, the Appellate Court, if it deems additional evidence necessary, shall record its reasons. It may either take such evidence itself or direct its collection by a Magistrate, or, if the Appellate Court is the High Court, by a Court of Session or a Magistrate.
- When the additional evidence is taken by the Court of Session or Magistrate, they shall certify the evidence to the Appellate Court, which will proceed to dispose of the appeal.
- The accused or their pleader shall have the right to be present during the taking of additional evidence.
- The process of taking evidence under this section shall be subject to the provisions of Chapter XXIII, as if it were an inquiry.
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