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Central Act · India · CHAPTER XXXI — Appeals

Section 432 BNSS Appellate Court may take further evidence or direct it to be taken

Bharatiya Nagarik Suraksha Sanhita, 2023 · Edition: User-supplied Law Library BNSS page, attributed to India Code as on 6 October 2025; imported 6 November 2026

(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.

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Judgments on Section 432

LOK 2026 (9) SC 242 · Supreme Court of India

Waris v. State of Madhya Pradesh

Equivalent citations: 2026 INSC 1050

This 2026 Supreme Court of India judgment affirms the conviction of an appellant for the sexual assault and murder of his six-year-old stepdaughter. The Court validates a curative cross-examination process, ensuring the defendant’s right to a fair trial was preserved after initial procedural deficiencies. Central…

LOK 2013 (2) SC 153 · Supreme Court of India

Sanaullah Khan v. State Of Bihar

Subject–
Judges–
ActsIndian Penal Code, 1860 (Section 34); Criminal Procedure Code, 1973 (Section 391); Indian Evidence Act, 1872 (Section 27)