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Section 391 — Appellate Court may take further evidence or direct it to be taken
391
391
Appellate Court may take further evidence or direct it to be taken
Code of Criminal Procedure, 1973
Chapter XXIX Appeals
⚖️
Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 years
📅 Updated 2026-04-10📚 Source: The Gazette of India
AppealsCourt ProcedureFair Trial
🗣️ Simple Explanation
What does this law say? Section 391 of the CrPC allows the Appellate Court to gather more evidence if needed during an appeal. The court can collect the evidence itself or ask a lower court or magistrate to do it. The accused person has the right to be present when this extra evidence is collected.
Why does this law exist? This law ensures fairness in the appeal process. It allows the court to make a more informed decision. It helps to prevent wrongful convictions or acquittals.
Real-life impact If you are appealing a case, this section ensures all relevant information is considered. It helps the court to get a complete picture of the situation. This can lead to a fairer outcome for everyone involved.
What happens if you break this law? This section is about the process of an appeal. It doesn't directly punish anyone. It ensures the appeal process is fair.
💡 Real Life Example

Rahul is appealing his conviction. The Appellate Court feels more evidence is needed. They ask a Magistrate to record witness statements. This helps the court make a fair decision on Rahul's appeal.
Priya's appeal is ongoing. The High Court decides to examine new documents. They send the documents to the Sessions Court for review. This ensures all evidence is considered before a final judgment is made.

🛡️ KNOW YOUR RIGHTS
  • •Attend the proceedings when additional evidence is taken.
  • •Ensure your lawyer is present during evidence collection.
  • •Request the court to consider all available evidence.
  • •Understand the reasons for collecting additional evidence.
❓ FREQUENTLY ASKED QUESTIONS
Section 391 of the CrPC allows the Appellate Court to gather more evidence during an appeal. The court can collect the evidence itself or ask a lower court or magistrate to do it. This ensures the court has all the necessary information to make a fair decision. The accused has the right to be present when this evidence is collected.
No, Section 391 itself does not outline any specific punishment. It is a procedural section. It explains how the Appellate Court can gather more evidence during an appeal. The focus is on ensuring a fair and thorough review of the case.
Sources & References

📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library

⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice

📚 Act Reference: Code of Criminal Procedure, 1973

Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.

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