Section 432 BNSS: Appellate Court may take further evidence or direct it to be taken
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 432 BNSS at a Glance
Section 432 BNSS deals with appellate Court may take further evidence or direct it to be taken. It replaced Section 391 CrPC on 1 July 2024.
Section 432 BNSS Bare Act Text
(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.
Source: Section 432, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 432 BNSS in Simple Words
Section 432(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 says that, in dealing with any appeal under the 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. Section 432(2) BNSS says that, 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.
Section 432(3) BNSS says that the accused or his advocate shall have the right to be present when the additional evidence is taken. Section 432(4) BNSS says that the taking of evidence shall be subject to the provisions of Chapter XXV, as if it were an inquiry.
When Section 432 BNSS Applies
- 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.
- 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.
- 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.
- Under Section 432(3) BNSS, the accused or his advocate shall have the right to be present when the additional evidence is taken.
- 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.
Example of Section 432 BNSS
When Section 432 BNSS Does Not Apply
- Section 432 BNSS speaks of additional evidence in an appeal. It does not deal with the arrest of the accused in an appeal from acquittal, the subject of Section 431 BNSS.
- Section 432 BNSS speaks of additional evidence in an appeal. It does not deal with the procedure where Judges of the Court of appeal are equally divided, the subject of Section 433 BNSS.
Section 432 BNSS in the CrPC (Previous Law)
Section 432 BNSS replaced Section 391 CrPC from 1 July 2024.
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.
Each sub-section below names its own source.
FAQs on Section 432 BNSS
What must the Appellate Court do under Section 432(1) BNSS if it thinks additional evidence to be necessary?▼
Under Section 432(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, in dealing with any appeal under the 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.
What does Section 432(3) BNSS say about the accused?▼
Section 432(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 says that the accused or his advocate shall have the right to be present when the additional evidence is taken.
What does Section 432(2) BNSS say when the additional evidence is taken by the Court of Session or the Magistrate?▼
Section 432(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 says that, 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.
What changed from Section 391 CrPC to Section 432 BNSS from 1 July 2024?▼
From 1 July 2024, Section 432 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 391 of the Code of Criminal Procedure, 1973. Section 432 BNSS has 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 391(1) CrPC is found in Section 432(1) BNSS, Section 391(2) CrPC in Section 432(2) BNSS, Section 391(3) CrPC in Section 432(3) BNSS and Section 391(4) CrPC in Section 432(4) BNSS.
Section 432 BNSS: Sub-sections Explained
Section 432(1) BNSS: Appellate Court may take further evidence or direct it to be taken
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Bare Act Text
(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.
Section 432(2) BNSS: Appellate Court may take further evidence or direct it to be taken
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Bare Act Text
(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.
Section 432(3) BNSS: Appellate Court may take further evidence or direct it to be taken
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Bare Act Text
(3) The accused or his advocate shall have the right to be present when the additional evidence is taken.
Section 432(4) BNSS: Appellate Court may take further evidence or direct it to be taken
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Bare Act Text
(4) The taking of evidence under this section shall be subject to the provisions of Chapter XXV, as if it were an inquiry.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·