Power to direct further inquiry to be made or additional evidence to be taken
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Summary
High Court can order further inquiry or take additional evidence on any point affecting a convicted person’s guilt or innocence when the case is before it. It may do the inquiry itself or direct the Sessions Court to do so. The convicted person need not be present unless the High Court orders otherwise, and the results must be reported back to the High Court.
Example
Priya is convicted of theft and her appeal reaches the High Court. The court wants more proof about her alibi and directs the Sessions Court to record fresh witnesses; Priya need not attend unless the High Court orders her presence. The Sessions Court sends the new evidence 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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