BNSS §432
Court may taken.
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391. Appellate Court may take further evidence or direct it to be taken.—(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.
432.
(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.
What changedAI-inferred
Appellate Court may take further evidence or direct it to be taken.
Old position
CrPC 391 is concerned with Appellate Court may take further evidence or direct it to be taken. Appellate Court may take further evidence or direct it to be taken
New position
BNSS 432 preserves the framework with drafting modernisations as required by the new code. Topic: Court may taken.. 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
BNSS 432 (Court may taken.) preserves the framework of CrPC 391. BNSS 432 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BNSS 432 text: In dealing with any appeal under this Chapter, the Appellate...
Editorial deltaAI-indicated (source-linked)
BNSS 432 (Court may taken.) preserves the framework of CrPC 391. BNSS 432 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BNSS 432 text: 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...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, CrPC 391 continues to apply. For matters from that date forward, BNSS 432 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNSS 432 (Court may taken.). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Code of Criminal Procedure, 1973
- Gazette of India — Bharatiya Nagarik Suraksha Sanhita, 2023
Cite this page
Newlaws.in, CRPC §391 → BNSS §432 Mapping Page, last updated 2026-05-01, accessed 2026-06-15, https://newlaws.in/bnss/432.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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