Section 391 CrPC: Appellate Court may take further evidence or direct it to be taken
Code of Criminal Procedure, 1973
Section 391 CrPC at a Glance
Section 391 CrPC deals with appellate Court may take further evidence or direct it to be taken. From 1 July 2024 it is replaced by Section 432 BNSS.
What Section 391 CrPC Says
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.
Source: Section 391, Code of Criminal Procedure, 1973
Section 391 CrPC in Simple Words
Section 391(1) of the Code of Criminal Procedure, 1973 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 391(2) CrPC 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 391(3) CrPC says that the accused or his pleader shall have the right to be present when the additional evidence is taken. Section 391(4) CrPC says that the taking of evidence shall be subject to the provisions of Chapter XXIII, as if it were an inquiry.
When Section 391 CrPC Applies
- 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.
- 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.
- 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.
- Under Section 391(3) CrPC, the accused or his pleader shall have the right to be present when the additional evidence is taken.
- 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.
Example of Section 391 CrPC
When Section 391 CrPC Does Not Apply
- Section 391 CrPC 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 390 CrPC.
- Section 391 CrPC 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 392 CrPC.
Section 391 CrPC Under BNSS 432: What Changed
Section 391 CrPC is now covered under Section 432 BNSS.
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.
View detailed comparison (CrPC 391 vs BNSS 432) →FAQs on Section 391 CrPC
What must the Appellate Court do under Section 391(1) CrPC if it thinks additional evidence to be necessary?▼
Under Section 391(1) of the Code of Criminal Procedure, 1973, 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 391(3) CrPC say about the accused?▼
Section 391(3) of the Code of Criminal Procedure, 1973 says that the accused or his pleader shall have the right to be present when the additional evidence is taken.
What does Section 391(2) CrPC say when the additional evidence is taken by the Court of Session or the Magistrate?▼
Section 391(2) of the Code of Criminal Procedure, 1973 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.
Where is Section 391 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼
Section 391(1) of the Code of Criminal Procedure, 1973 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. Both sections carry the heading Appellate Court may take further evidence or direct it to be taken.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·