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Ramakrishnan.V (Lawyer)     21 February 2010

Additioanal evidence in criminal appeal

Whether like the provisions of CPC forbids any party to criminal appeal from making additional evidence during criminal appeal?



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 3 Replies

KANDE VENKATESH GUPTA (ADVOCATE)     21 February 2010

Your question is not clear. However, go through the provisons u/s 391 Cr.P.C. with regards to takinig additional evidence by the criminal appellate court. For taking additional evidence, the appellate court must satisfy itself the additional evidence is necessary, it shall record reasons and take evidence either by the appellate court itself or direct the trial court to take additional evidence and send the same by duly certifying. While recording additional evidence, the accused or his counsel has right to be present.

(Guest)

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.

 

sangram (CIO)     01 September 2014

Indian Law School : learn the law online.

 

https://www.youtube.com/watch?v=KuoS5fwwWQQ&feature=youtu.be


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