Appellate Bench allows appellant to introduce a newspaper report as additional evidence under BNSS 2023 Section 432 and CrPC Section 391, emphasizing the court's duty to ensure justice beyond formal procedural limits.
In a significant ruling on August 18, 2026, the Delhi High Court (Division Bench comprising Justices Navin Chawla and Ravinder Dudeja) granted permission to the appellant, Sunil Rajan Jaat, to produce additional evidence at the appellate stage in a murder trial under the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and the Code of Criminal Procedure, 1973 (CrPC).
The appellant, convicted and sentenced to life imprisonment for the murder of an individual whose body was found half-burnt in Tikona Park, Delhi, sought to place on record a newspaper report dated May 3, 2017. The report, published by India Today, allegedly indicated that the identity of the recovered dead body was publicly known as early as May 3, 2017, a day before the prosecution's eyewitness testimony surfaced. This, the appellant contended, could have a bearing on the prosecution's narrative that the identity remained unknown until May 6, 2017.
The prosecution opposed the application, arguing that the newspaper report's contents could not be accepted as evidence without proper proof, including examination of the reporter or source witnesses. It further cautioned that admitting such evidence at the appellate stage might reopen the trial and disrupt the justice process.
After considering the submissions, the Court referred extensively to the Supreme Court's landmark decision in Zahira Habibulla H. Sheikh v. State of Gujarat (2004), reiterating that the appellate courts have the power under Section 391 CrPC (mirrored by BNSS Section 432) to admit additional evidence to prevent wrongful convictions and ensure justice. The Court emphasized that the admissibility of evidence at this stage is distinct from its reliability or ultimate merit, which would be evaluated after the evidence is formally led and tested.
The Court acknowledged the gravity of the sentence facing the appellant-life imprisonment-and held that it was necessary and proper to allow the proposed evidence limited to the said newspaper article. The Court directed the appellant to file a list of witnesses within four weeks and scheduled the recording of the additional evidence for October 5, 2026.
This ruling highlights the evolving jurisprudence under the BNSS, which aligns with the CrPC to empower appellate courts to actively prevent miscarriages of justice by allowing relevant additional evidence even post-conviction. It affirms that the pursuit of truth and justice transcends procedural constraints, especially in serious criminal matters where liberty is at stake.
Bottom Line:
Additional evidence at appellate stage under Section 432 BNSS/Section 391 CrPC can be permitted even at the instance of the accused where such evidence may have bearing on the outcome of the appeal; admissibility of such evidence is distinct from its proof, reliability and evidentiary value.
Statutory provision(s):
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 432, Code of Criminal Procedure, 1973 Section 391, Indian Penal Code Sections 302, 201
Sunil Rajan Jaat v. State of NCT of Delhi, (Delhi)(DB) : Law Finder Doc Id # 2992751
