Appellate Court may take further evidence or direct it to be taken
Section 432 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with appellate Court may take further evidence or direct it to be 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 Appellate Court is a High Court, by a Court of Session or a M The Act came into force on 01 Jul 2024.
(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.
Section 432, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 391 Appellate Court may take further evidence or direct it to be taken Text carried over almost unchanged 95%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Sarita vs Manoj
Decided under Code of Criminal Procedure 391, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
In matrimonial cruelty cases under Section 498-A IPC and dowry-related offenses under Section 406 IPC, the personal testimony of the complainant is essential and cannot be substituted by hearsay evidence from family members or other witnesses. The prosecution must specifically prove that dowry articles were entrusted to the accused at the time of marriage or thereafter, identify which articles were entrusted to whom, and prove their misappropriation or conversion. Mere possession of dowry articles by the accused does not constitute criminal breach of trust. Without the complainant's direct testimony regarding the alleged cruelty and dowry demand, the prosecution's case cannot be sustained, and acquittal is justified.
On this section: Application for adducing additional evidence. The petitioner's application under this section to adduce additional evidence (including her own testimony) was dismissed by the appellate court.
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Reena Devi vs State (govt of Nct of Delhi)
Court's Decision & Legal Precedent
An appellate court will not interfere with an acquittal judgment when the trial court has properly appreciated the evidence and correctly applied the burden of proof standard (beyond reasonable doubt). The acquittal judgment of the trial court is upheld when the appellate court finds no perversity or misapplication of law in the trial court's reasoning.
On this section: Application for leading additional evidence at appellate stage - dismissed as devoid of merit
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… the Hon'ble Supreme Court passed in Suo Moto Writ Petition (Criminal) No. 4 of 2021, titled In Re Policy Strategy for Grant of Bail, wherein all the States are directed to frame/modify their policies for grant of remission or additional remission under Section 473 of the Bharatiya Nagarik Suraksha Sanhita, 2023 or Section 432 of the Code of Criminal Procedure, 1973, the same is therefore applicable to the case of the petitioner hererin, further submits the learned AAG. 21. Chapter XXXII of the Code of Criminal Procedure, 1973 is headlined as "Execution, Suspension, Remission and Commutation of Sentences". It contains about 24 Sections …
Questions about Section 432
What have the courts held on Section 432 of the Bharatiya Nagarik Suraksha Sanhita?
Sarita vs Manoj (08 Feb 2024) is the leading judgment on this section among those set out below, though it was decided under CRPC 391, which this section replaced -- the court never mentioned this Act: Application for adducing additional evidence. The petitioner's application under this section to adduce additional evidence (including her own testimony) was dismissed by the appellate court. Another 1 judgment on this section is set out below. They run from 2024 to 2026.
How do I find court cases under Section 432 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 432, section 432 BNSS, section 432 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type 432 bnss in crpc. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Sarita vs Manoj (08 Feb 2024).
What should I read with Section 432 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
1 other provision in this corpus refers back to it. It carries forward CrPC 391 (Appellate Court may take further evidence or direct it to be taken), so the judgments decided under that provision are the case law on this one.
When did Section 432 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 432 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 432, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.