Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Vasanth MS (General)     25 June 2022

When re-appeal

My case (CRPC 417 and 420) is running under lower court. I missed out to submit some of the documents and proof against opponent to prove that he is culprit. If my case is not succeed, can I add additional documents and proofs when I go higher court for appeal?

My lawyer says I CAN NOT submit additional documents/proofs which were never given in the lower court during the trail. Not sure it is true, he may not cheat me, still I am asking here for experts as my lawyer is junior and he may have adequate knowledge in this.



Learning

 2 Replies

Hari Shankar   04 July 2022

H.Hari Shankar High court Advocate further details contact me : 9394002002

Twinkle Madaan   04 July 2022

Hello Vasanth, 

It is true that the higher court doesn't accept any additional evidence in the appellate stage, however, there are exceptions to this rule. Such an application for taking on record additional evidence at the appellate stage can be entertained in cases where it can be proved that the party did not get the opportunity to file the same documents at the lower stage. It can also be entertained in cases where it can be proved that in the absence of those additional pieces of evidence justice would not be served. Further, Rule 27(1)(b) empowers the court to admit additional evidence in the appellate stage for any other substantial cause which the court may deem fit. 

I hope this helps.

Thank you. 


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