CrPC 391→BNSS 432

CrPC 391 to BNSS 432: Appellate Court may take further evidence or direct it to be taken

Section 391 CrPC (1973) replaced by Section 432 BNSS (2023)

View CrPC Section 391 →View BNSS Section 432 →

CrPC 391 to BNSS 432 at a Glance

Section 391 CrPC (Appellate Court may take further evidence or direct it to be taken) is now Section 432 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 391 to BNSS 432?

From 1 July 2024, Section 432 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 391 of the Code of Criminal Procedure, 1973, with the same heading. Section 432(3) BNSS reads his advocate where Section 391(3) CrPC read his pleader. Section 432(4) BNSS refers to Chapter XXV where Section 391(4) CrPC referred to Chapter XXIII. Section 432(1) BNSS and Section 432(2) BNSS are in the same words as Section 391(1) CrPC and Section 391(2) CrPC.

CrPC 391 vs BNSS 432: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section391432
HeadingAppellate Court may take further evidence or direct it to be takenSame
Sub-sections4 sub-sectionsSame

CrPC 391 and BNSS 432: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 391, CrPC 1973

391. 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 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.
BNSS 2023 (in force)

Section 432, BNSS 2023

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.

When It Applies: CrPC 391 vs BNSS 432

Under CrPC 391
  1. Under Section 391(1) CrPC, in dealing with any appeal under the Chapter, the Appellate Court, if it thinks additional evidence to be necessary, shall record its reasons.
  2. Under Section 391(1) CrPC, the Appellate Court 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.
  3. Under Section 391(2) CrPC, 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.
  4. Under Section 391(3) CrPC, the accused or his pleader shall have the right to be present when the additional evidence is taken.
  5. Under Section 391(4) CrPC, the taking of evidence under Section 391 CrPC shall be subject to the provisions of Chapter XXIII, as if it were an inquiry.
Under BNSS 432
  1. Under Section 432(1) BNSS, in dealing with any appeal under the Chapter, the Appellate Court, if it thinks additional evidence to be necessary, shall record its reasons.
  2. Under Section 432(1) BNSS, the Appellate Court 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.
  3. Under Section 432(2) BNSS, 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.
  4. Under Section 432(3) BNSS, the accused or his advocate shall have the right to be present when the additional evidence is taken.
  5. Under Section 432(4) BNSS, the taking of evidence under Section 432 BNSS shall be subject to the provisions of Chapter XXV, as if it were an inquiry.

What CrPC 391 to BNSS 432 Means in Practice

From 1 July 2024, the text on additional evidence in an appeal is found in Section 432 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in place of Section 391 of the Code of Criminal Procedure, 1973. Section 432(3) BNSS speaks of an advocate where Section 391(3) CrPC spoke of a pleader, and Section 432(4) BNSS refers to Chapter XXV where Section 391(4) CrPC referred to Chapter XXIII.

FAQs: CrPC 391 to BNSS 432

Which section of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaces Section 391 CrPC?▼

From 1 July 2024, Section 432 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 391 of the Code of Criminal Procedure, 1973. Both carry the heading Appellate Court may take further evidence or direct it to be taken.

How does Section 432(3) BNSS differ from Section 391(3) CrPC?▼

Section 391(3) of the Code of Criminal Procedure, 1973 reads The accused or his pleader shall have the right to be present when the additional evidence is taken. Section 432(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 reads The accused or his advocate shall have the right to be present when the additional evidence is taken.

How does the chapter reference in Section 432(4) BNSS differ from Section 391(4) CrPC?▼

Section 391(4) of the Code of Criminal Procedure, 1973 says that the taking of evidence shall be subject to the provisions of Chapter XXIII, as if it were an inquiry. Section 432(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023 says that the taking of evidence shall be subject to the provisions of Chapter XXV, as if it were an inquiry.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·