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Section 317

Order to take further evidence

of Criminal Procedure Code

ActIn forceProvision 276 of 411
Section 317
(1)

In 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.

(2)

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.

(3)

Unless the Judge otherwise directs, the accused or his advocate shall be present when the additional evidence is taken.

(4)

The taking of evidence under this section shall, for the purposes of Chapter XXV, be deemed to be an inquiry.