(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.
Code of Criminal Procedure (CrPC)
391 CrPC Appellate Court may take further evidence or direct it to be taken
392 CrPC Procedure where Judges of Court of Appeal are equally divided
393 CrPC Finality of judgments and orders on appeal
395 CrPC Reference to High Court
396 CrPC Disposal of case according to decision of High Court
397 CrPC Calling for records to exercise powers of revision
398 CrPC Power to order inquiry