Appellate Court may take further evidence or direct it to be taken
AI Assist
Summary
When an appellate court finds more evidence is necessary in an appeal, it must record its reasons and either take that evidence itself or direct a Magistrate, or if the appellate court is a High Court, a Court of Session or a Magistrate, to take it. The court that takes the evidence certifies it to the appellate court, which then proceeds to dispose of the appeal. The accused or their advocate has a right to be present and the evidence-taking follows the procedure in Chapter XXV.
Example
Priya appeals her conviction and the appellate court thinks more witness testimony is needed. The court records its reasons and directs a Magistrate to record the additional evidence. The Magistrate certifies the evidence back; Priya and her advocate are present; the appellate court then proceeds to decide the appeal.
Bare Act
Enacted text(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.
Previous year papers
Pick your exam. we'll email the most recent paper.