Appellate Court may take further evidence or direct it to be taken
Section 391 of the Code of Criminal Procedure, 1973 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 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
(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.
Section 391, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 432 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 The repealed enactment still governs what happened while it was in force.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
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.
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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… of the convicted person may be dispensed with when such inquiry is made or such evidence is taken. [ (3 )](https://indiankanoon.org/doc/242931/) When the inquiry or evidence (if any) is not made or taken by the High Court, the result of such inquiry or evidence shall be certified to such Court." "Section 391 in The Code Of Criminal Procedure, 1973 391. Appellate Court may take further evidence or direct it to be taken. [ (1 )](https://indiankanoon.org/doc/794669/) 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 …
Questions about Section 391
What have the courts held on Section 391 of the Code of Criminal Procedure?
Sarita vs Manoj (08 Feb 2024) is the leading judgment on this section among those set out below: 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.
How do I find court cases under Section 391 of the Code of Criminal Procedure?
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: CRPC 391, section 391 CRPC, section 391 of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Sarita vs Manoj (08 Feb 2024).
What should I read with Section 391 of the Code of Criminal Procedure, and has it changed?
1 other provision in this corpus refers back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 432 (Appellate Court may take further evidence or direct it to be taken), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 391 of the Code of Criminal Procedure come into force?
Section 391 of the Code of Criminal Procedure, cited as CRPC 391, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 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. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.