Court Rules Section 391 CrPC Applicable Only When Evidence is Newly Discovered, Dismisses Revision Plea of Ravi Nair
In a significant judgment delivered on November 2, 2026, the Gujarat High Court, presided over by Justice R.T. Vachhani, dismissed a revision application filed by Ravi Nair challenging an appellate court's order rejecting his plea to produce additional evidence in his defamation case. The judgment clarifies the scope of Section 391 of the Code of Criminal Procedure, 1973 (CrPC) regarding the production of additional evidence at the appellate stage.
Ravi Nair was convicted by the trial court under Sections 499 and 500 of the Indian Penal Code for defamation, based on allegations that he published defamatory tweets and online articles between October 2020 and July 2021 that damaged the reputation of a company. The trial court sentenced him to one year of simple imprisonment and imposed a fine. The petitioner appealed against the conviction.
During the appeal, Mr. Nair sought to introduce printouts and screenshots of online articles that had allegedly been published on the website "adaniwatch.org" to support his defense. However, these documents were already part of the trial record in the form of links. The Sessions Judge rejected his application to produce these as additional evidence, reasoning that Section 391 CrPC is intended to admit only genuinely new evidence that could not have been presented at trial despite due diligence.
Counsel for the petitioner contended that without the actual printouts or screenshots, the appellate court could not properly assess the authenticity and content of the alleged defamatory material. Reliance was placed on the Supreme Court's ruling in Asim @ Munmun @ Asif Abdulkarim Solanki v. State of Gujarat (2020 SCC Online SC 1098), advocating for a just appreciation of evidence. The petitioner also invoked Section 3 of the Indian Evidence Act, 1872, which deals with the appreciation of evidence.
The High Court, however, held that Section 3 of the Evidence Act pertains to the evaluation of evidence and not the question of admissibility of additional evidence under Section 391 CrPC. The court emphasized that the power to admit further evidence under Section 391 can only be exercised where the evidence is necessary for a just decision and could not have been produced earlier despite due diligence. Since the documents sought were already part of the trial record, the provisions of Section 391 could not be invoked.
The Court concluded that the trial and appellate courts had rightly rejected the production of additional evidence, and dismissed the revision application as devoid of merit. The judgment reiterates that the appellate court's discretion to admit further evidence is limited and must be exercised sparingly to ensure fairness without causing undue delay or prejudice.
This judgment serves as a precedent on the proper application of Section 391 CrPC and clarifies procedural safeguards regarding additional evidence in criminal appeals, particularly in defamation cases involving digital publications.
Bottom Line:
Criminal Procedure Code, 1973 Section 391 - Additional evidence at appellate stage - When documents sought to be produced are already part of the trial record, power under Section 391 cannot be invoked - Provision applies only where additional evidence is necessary and could not be produced despite due diligence.
Statutory provision(s):
Code of Criminal Procedure, 1973 Section 190(1)(a), 255(2), 391, 432 (Bharatiya Nagarik Suraksha Sanhita, 2023), Indian Penal Code Sections 499, 500, Indian Evidence Act, 1872 Section 3
Ravi Nair v. State of Gujarat, (Gujarat) : Law Finder Doc Id # 3011067
