Power to direct further inquiry to be made or additional evidence to be taken
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Summary
When the High Court finds that further inquiry or additional evidence is needed on any point affecting the convicted person’s guilt or innocence, it can order that inquiry or evidence. The High Court may conduct it itself or direct the Court of Session to do so. The convicted person need not be present unless the High Court orders otherwise, and results are certified back if done by the Court of Session.
Example
Priya appeals her conviction and a new telephone record appears that may affect guilt. The High Court directs a further inquiry and asks the Court of Session to take that evidence. Priya does not have to attend the inquiry unless the High Court orders her presence. The Court of Session then certifies the results back to the High Court.
Bare Act
Enacted text(1) If, when such proceedings are submitted, the High Court thinks that a further inquiry should be made into, or additional evidence taken upon, any point bearing upon the guilt or innocence of the convicted person, it may make such inquiry or take such evidence itself, or direct it to be made or taken by the Court of Session.
(2) Unless the High Court otherwise directs, the presence of the convicted person may be dispensed with when such inquiry is made or such evidence is taken.
(3) When the inquiry or evidence (if any) is not made or taken by the High Court, the result of such inquiry or evidence shall be certified to such Court.
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