Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 432: 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 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 XXIV, as if it were an inquiry.
Brefe Detail
Section 432 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the process by which an Appellate Court can take additional evidence during an appeal. It establishes the authority of the Appellate Court to request further evidence, the procedure for taking such evidence, and the rights of the accused and their advocate during this process. The section also emphasizes adherence to the relevant provisions as outlined in Chapter XXIV.
Question & Answers
Q1: What does Section 432 allow the Appellate Court to do?
A1: Section 432 allows the Appellate Court to take additional evidence if it deems it necessary for dealing with an appeal.
Q2: How must the Appellate Court record its decision to take additional evidence?
A2: The Appellate Court must record its reasons for thinking additional evidence is necessary.
Q3: Who can take the additional evidence if the Appellate Court decides not to take it itself?
A3: The Appellate Court may direct the additional evidence to be taken by a Magistrate, or by a Court of Session if it is a High Court.
Q4: What happens after additional evidence is taken by the Court of Session or the Magistrate?
A4: The Court of Session or the Magistrate must certify the additional evidence to the Appellate Court, which will then proceed to dispose of the appeal.
Q5: Do the accused or their advocate have the right to be present during the taking of additional evidence?
A5: Yes, the accused or their advocate has the right to be present when additional evidence is taken.
Q6: Is the process of taking evidence under this section subject to any other provisions?
A6: Yes, it is subject to the provisions of Chapter XXIV, as if it were an inquiry.
Example
1. Example of Appellate Court Action: If an Appellate Court is hearing an appeal regarding a criminal conviction and believes that new witness testimony could impact the outcome, it may choose to take additional evidence by summoning the witness.
2. Example of Certification: After the Court of Session collects additional evidence, it prepares a certification document detailing the evidence gathered and submits it to the Appellate Court for further proceedings.
3. Example of Rights During Evidence Collection: During the collection of additional evidence, the accused and their advocate can actively participate by questioning witnesses to ensure fair representation.
Summary
Section 432 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides a framework for the Appellate Court to take additional evidence in appeals. It outlines the process, the rights of the accused and their advocate, and the requirement for adherence to specific legal provisions, ensuring that justice is served through careful examination of all relevant evidence.
