What is arrest of accused in appeal from acquittal? Appellate Court may take further evidence or direct it to be taken? Section 390 and 391 of Code of Criminal Procedure 1973

Arrest of accused in appeal from acquittal and Appellate Court may take further evidence or direct it to be taken are defined under Section 390 and 391 of CRPC 1973. Provisions under these sections are:

 

Section 390 of CRPC "Arrest of accused in appeal from acquittal"

When an appeal is presented under Section 378, the High Court may issue a warrant directing that the accused be arrested and brought before it or any Subordinate Court, and the Court before which he is brought may commit him to prison pending the disposal of the appeal or admit him to bail.

 

 

 

Section 391 of CRPC "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

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