CrPC Section 391 – Appellate Court May Take Further Evidence Or Direct It To Be Taken

Code of Criminal Procedure, 1973 (CrPC) is a crucial piece of legislation that governs the procedure for the administration of criminal law in India. Section 391 holds significant importance as it empowers appellate courts to take further evidence or direct it to be taken. This provision is essential for ensuring that justice is served, particularly in cases where new evidence may emerge after the trial has concluded.

Legal Provision

Section 391 of the CrPC ‘Appellate Court may take further evidence or direct it to be taken’ states that:

(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.

Provisions Of Section 391 Of CrPC

1. Power to Take Additional Evidence: In dealing with any appeal, if the appellate court deems additional evidence necessary, it 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. Certification of Evidence: When additional evidence is taken by the Court of Session or the Magistrate, they must certify this evidence to the appellate court, which will then proceed to dispose of the appeal.
3. Right to Presence: The accused or their pleader has the right to be present when additional evidence is taken.
4. Subject to Chapter XXIII: The taking of evidence under this section is subject to the provisions of Chapter XXIII of the CrPC, as if it were an inquiry.

This section provides a mechanism for the appellate court to ensure that all relevant evidence is considered before deciding, thereby upholding the principles of justice and fair trial.

Significance Of Section 391 Of CrPC

Section 391 reinforces the principle of a fair trial, as enshrined in Article 21 of the Constitution of India. By allowing the introduction of new evidence, Section 391 enhances the integrity of the judicial process and promotes the pursuit of truth, ultimately fostering public confidence in the legal system.

Constitutional Validity

The constitutional validity of Section 391 has been upheld in various judgments. The provision aligns with the principles enshrined in the Constitution of India, particularly Article 21, which guarantees the right to a fair trial. The Supreme Court, in a plethora of judgments, has reiterated that ensuring a just outcome in legal proceedings is a fundamental right.

Case Laws Interpreting Section 391 Of CrPC

Several cases have interpreted the scope and application of Section 391.

1. Ajitsinh Chehuji Rathod v. State of Gujarat & Anr.: In this case, the Supreme Court held that the power to record additional evidence under Section 391 should only be exercised when the party making such a request was prevented from presenting the evidence during the trial despite exercising due diligence. The court emphasized that the introduction of additional evidence must be justified and should not be a mere afterthought.
2. Ashok Tshering Bhutia v. State of Sikkim (2011): The Supreme Court reiterated that the power under Section 391 must be exercised sparingly and only in exceptional cases where it serves the interests of justice. The court noted that the decision to allow additional evidence should consider the facts and circumstances of each case, ensuring that the principles of fair play and justice are upheld.
3. Ram Babu v. State of Maharashtra (2001): This case highlighted that Section 391 forms an exception to the general rule that appeals must be decided based on the evidence presented at the trial. The court cautioned that such powers should be exercised with caution to meet the ends of justice, reinforcing the need for a careful assessment of the necessity for additional evidence.
4. Zahira Habibulla H. Sheikh v. State of Gujarat: Commonly known as the "Best Bakery Case," this landmark judgment involved the Supreme Court allowing the introduction of additional evidence due to the failure of the trial court to adequately protect witnesses. The court emphasized that when the integrity of the trial process is compromised, it is imperative to allow additional evidence to ensure justice is served.

The Practical Role Of Section 391 In The Appellate Process

The Practical Role of Section 391 in the Appellate Process are as follows:

Right To Fair Trial

The right to a fair trial, as interpreted by the Supreme Court, encompasses various rights, including the right to present and examine evidence. Section 391 complements this right by allowing appellate courts to gather additional evidence, thus ensuring that the trial process remains fair and just.

Evidential Integrity

Additionally, Section 391 reinforces the integrity of the judicial process. By permitting the introduction of further evidence, the provision allows appellate courts to correct potential errors or omissions from the trial phase. This mechanism is vital for preserving public confidence in the legal system.

In practice, Section 391 is often invoked in cases where significant evidence may have been overlooked or where new evidence has emerged post-trial. The appellate court may also consider circumstances that necessitate further examination of witnesses, thereby ensuring that justice is served.

Examples Of Application

1. Witnesses' Testimonies: In cases where witnesses may have been unavailable during the trial, Section 391 provides the opportunity to examine them during the appeal.
2. Documentation: If new documents come to light that could significantly affect the case's outcome, the appellate court can direct their admission.

Limitations And Consideration

While Section 391 provides significant powers to appellate courts, its application must be tempered with caution.

Discretionary Power

The discretionary power granted to appellate courts must not be exercised arbitrarily. The courts must ensure that any additional evidence is relevant and necessary for a just determination of the appeal. The purpose is not to conduct a retrial but to supplement the existing record.

Prejudice To Parties

Furthermore, introducing new evidence may prejudice the parties involved. Courts must weigh the necessity of further evidence against the potential for unfairness. This balance is essential to maintain the integrity of the judicial process.

The provisions of Section 391 have significant practical implications for the criminal justice system. They ensure that appellate courts have the flexibility to consider new evidence that may emerge after the trial, thereby preventing miscarriages of justice.

In conclusion, Section 391 serves as a crucial mechanism for upholding the rule of law and ensuring that the judicial system remains responsive to the needs of justice, particularly in an evolving legal landscape.

Conclusion

Section 391 of the Code of Criminal Procedure, 1973, is a vital provision that empowers appellate courts to take or direct additional evidence to be taken, ensuring that justice is not compromised due to procedural limitations or oversight during the trial. It aligns with the constitutional right to a fair trial and supports the integrity of the judicial process by allowing courts to address gaps or new developments in evidence. However, its use must be cautious, judicious, and in the interest of justice, balancing fairness with the need to avoid misuse.

FAQs

A few FAQs based on Section 391 of CrPC are as follows:

Q1. What is the purpose of Section 391 of CrPC?

Section 391 allows appellate courts to admit additional evidence if it is deemed necessary for ensuring justice. This provision is used when significant evidence was unavailable or overlooked during the trial.

Q2. Can the accused be present during the collection of additional evidence?

Yes, the accused or their legal representative has the right to be present when additional evidence is taken, ensuring transparency and fairness in the process.

Q3. When can Section 391 be invoked?

Section 391 can be invoked during an appeal when the court determines that additional evidence is essential to resolve the case justly. It is used sparingly and only in exceptional circumstances.