Criminal Procedure Code · Updated to 1 May 2023 · Chapter XXX · Appeals to the High Court
317. Order to take further evidence
Feedback & supportIn dealing with any appeal under this Chapter a Judge, if he thinks additional evidence to be necessary, may either take such evidence himself or direct it to be taken by a Magistrate.
When the additional evidence is taken by a Magistrate he shall certify that evidence to the High Court who shall then, as soon as may be, proceed to dispose of the appeal.
Court
“Court” means the High Court, a Sessions Court, or a Magistrate’s Court of any class, as the context may require;
Unless the Judge otherwise directs, the accused or his advocate shall be present when the additional evidence is taken.
advocate
“advocate” has the meaning assigned by section 3 of the Interpretation Acts 1948 and 1967;
The taking of evidence under this section shall, for the purposes of Chapter XXV, be deemed to be an inquiry.
inquiry
“inquiry” includes every inquiry conducted under this Code before a Magistrate;