(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.
Bharatiya Nagarik Suraksha Sanhita
Section 432
Appellate Court may take further evidence or direct it to be taken
⚡ Quick Answer Reference: Section 432 BNSS
- Provision: Section 432 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: APPEALS
- Jurisdiction: India
- Summary: This section allows an Appellate Court to take additional evidence or direct it to be taken if necessary, while dealing with an appeal, and outlines the procedure for doing so.
What does Section 432 of BNSS say?
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What does Section 432 of BNSS mean?
Plain English Explanation
This section allows an Appellate Court to take additional evidence or direct it to be taken if necessary, while dealing with an appeal, and outlines the procedure for doing so.
Practical Interpretation
In practice, this section gives the Appellate Court flexibility to gather more information to make a just decision, ensuring a fair appeal process by allowing for the consideration of new evidence.
Core Legal Purpose
The core purpose is to enable the Appellate Court to make informed decisions by considering all relevant evidence, whether taken directly by the court or through a directed process.
- •The Appellate Court must think additional evidence is necessary.
- •The Court records its reasons for requiring additional evidence.
- •The key legal test is the necessity of the additional evidence for a just decision.
- •A key limitation is that the taking of evidence must be subject to the provisions of Chapter XXV.
Practical Example of Section 432 BNSS
Rajesh appeals a lower court's decision. The Appellate Court, considering Rajesh's appeal, decides additional evidence is necessary to make a fair judgment. It directs a Magistrate to take this evidence. After the Magistrate certifies the evidence to the Appellate Court, Rajesh or his advocate has the right to be present. The Appellate Court then proceeds to dispose of the appeal based on all the evidence, including the newly taken evidence.
Frequently Asked Questions about Section 432 BNSS
Q: What is the punishment or consequence under Section 432 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to the process of appeal within the legal system, not directly to private individuals or public entities, but rather to the courts and their procedures.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with offences, thus it does not classify any act as bailable or cognizable.
Common Questions about Section 432 BNSS
What is Section 432 of BNSS?
Section 432 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Appellate Court may take further evidence or direct it to be taken". In plain terms: This section allows an Appellate Court to take additional evidence or direct it to be taken if necessary, while dealing with an appeal, and outlines the procedure for doing so.
What is the punishment under Section 432 of BNSS?
Section 432 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 432 of BNSS bailable or non-bailable?
Whether Section 432 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 432 of BNSS?
The essential elements of Section 432 of BNSS are: The Appellate Court must think additional evidence is necessary.; The Court records its reasons for requiring additional evidence.; The key legal test is the necessity of the additional evidence for a just decision..
Landmark Judgments under Section 432 BNSS
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 432
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