Section 432 BNSS 2023: Appellate Court may take further evidence or direct it to be taken
Section 432 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with additional evidence at the appellate stage. It empowers an Appellate Court, where additional evidence is considered necessary, to record reasons and either take that evidence itself or direct an appropriate subordinate court or Magistrate to take it.
Section 432 at a glance
- The provision applies while an Appellate Court is dealing with an appeal under the BNSS chapter on appeals.
- The Court must consider the additional evidence necessary and must record its reasons.
- The Appellate Court may take the evidence itself, or direct it to be taken by the court specified in the section.
- The accused or the accused's advocate has the right to be present when the additional evidence is taken.
- The procedure for taking such evidence is governed by Chapter XXV of the BNSS as if the proceeding were an inquiry.
Statutory text of Section 432 BNSS
432. 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 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.
Meaning and scope of Section 432
The provision creates a limited appellate power to receive further evidence where the Appellate Court considers such evidence necessary for deciding the appeal. The power is not framed as an automatic right of either party. The statutory safeguard is that the Court must record reasons before invoking it.
Section 432 also preserves procedural fairness by expressly giving the accused or the accused's advocate the right to remain present when the additional evidence is taken. Where the evidence is recorded by a Court of Session or a Magistrate, that evidence is certified back to the Appellate Court, which then continues with disposal of the appeal.
What does "additional evidence" mean here?
In the context of Section 432, additional evidence means evidence received at the appellate stage in addition to the evidence already forming part of the record. The section permits this only when the Appellate Court considers it necessary and records reasons for doing so.
Who can record the additional evidence?
| Situation | Who may take the additional evidence? |
|---|---|
| The Appellate Court decides to record the evidence itself | The Appellate Court |
| The Appellate Court directs evidence to be recorded elsewhere | A Magistrate, as provided in Section 432(1) |
| The Appellate Court is a High Court | A Court of Session or a Magistrate may be directed to record the evidence |
Right of the accused to be present
Section 432(3) expressly provides that the accused or the accused's advocate has the right to be present when the additional evidence is taken. This requirement supports a fair opportunity to participate in the evidentiary process at the appellate stage.
Relationship with Chapter XXV of BNSS
Section 432(4) states that evidence taken under this provision is subject to Chapter XXV as if it were an inquiry. Chapter XXV is titled "Evidence in Inquiries and Trials" and contains provisions governing the mode of taking and recording evidence, commissions for examination of witnesses, formal proof of certain documents and other evidence-related procedure.
Commencement of BNSS
The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023. The Central Government appointed 1 July 2024 as the date on which its provisions came into force, subject to the exception stated in the commencement notification relating to the specified entry concerning Section 106(2) of the Bharatiya Nyaya Sanhita in the First Schedule.
Related BNSS provisions
For continuity within the appellate chapter, readers may also refer to the immediately preceding and following provisions dealing with arrest in an appeal from acquittal, procedure where appellate judges are equally divided, finality of appellate judgments and orders, and abatement of appeals.
This page is an explanatory article based on the statutory text of the Bharatiya Nagarik Suraksha Sanhita, 2023. For authoritative use, refer to the official text and applicable notifications.