CrPC § 428 — Appellate Court may take further evidence or direct it to be taken

Statutory text (English)

(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) Where 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) Unless the Appellate Court otherwise directs, the accused or his pleader shall be present
when the additional evidence is taken. 2* * *.

(4) The taking of evidence under this section shall be subject to the provisions of Chapter XXV,
as if it were an inquiry.

Source and verification

Source citation: CrPC (Act V of 1898) s.428: Pakistan Code portal consolidated official PDF 'THE CODE OF CRIMINAL PROCEDURE' (Act No. V of 1898, last amended 2017-02-16), p. 160, ingested 2026-09-15. Automated transcription from official source (pypdf extraction, audited artifact repair); human admin re-check required before production.

Verification status: verified · Text status: auto_transcribed_verified_source

The record cites an official source, but its transcription is automated or only partly checked; a human re-check is pending.

Official Urdu text status: pending_official_urdu_text. Where official Urdu wording has not been sourced, Qanoon does not substitute an unverified translation for the statutory text.

Historical text notes

1 historical record is linked to this section. Historical wording may be incomplete or pending verification; it is not presented as current law.

• Date not confirmed: Consolidated current text as published in the official Pakistan Code PDF (p. 160) — reflects all amendments recorded in the official footnotes up to ingest date 2026-09-15. Automated transcription; per-amendment…

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