In an appeal from a decision by the trial court, the appellate court finds that certain necessary…
An appellate court may take necessary additional evidence itself; sending the matter back is not its only course. Section 432 BNSS (formerly s.391 CrPC) allows the court to…
Choose your answer
In an appeal from a decision by the trial court, the appellate court finds that certain necessary evidence was not taken by the trial court. The appellate court:
Answer and explanation
Correct answer D
An appellate court may take necessary additional evidence itself; sending the matter back is not its only course. Section 432 BNSS (formerly s.391 CrPC) allows the court to take further evidence or direct another court to take it, with reasons recorded. Civil appellate procedure also permits the appellate court itself to take additional evidence when its admission is justified.
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