Appellate Court may take further evidence or direct it to be taken
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Summary
On appeal the Appellate Court may order further evidence if it considers it necessary, but must record its reasons. It can take that evidence itself or direct a Magistrate, or (if the Appellate Court is a High Court) a Court of Session or Magistrate to take it; those courts must certify the evidence back and then the appeal is decided. The accused or their pleader has a right to be present and the procedure follows Chapter XXIII as for an inquiry.
Example
Priya appeals her conviction and the Appellate Court decides a neighbour's testimony is needed. The court records its reasons and directs a Magistrate to record that testimony, then the Magistrate certifies the evidence to the Appellate Court. Priya and her lawyer are allowed to be present when the testimony is taken.
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 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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