CrPC 367→BNSS 408

CrPC 367 to BNSS 408: Power to direct further inquiry to be made or additional evidence to be taken

Section 367 CrPC (1973) replaced by Section 408 BNSS (2023)

View CrPC Section 367 →View BNSS Section 408 →

CrPC 367 to BNSS 408 at a Glance

Section 367 CrPC (Power to direct further inquiry to be made or additional evidence to be taken) is now Section 408 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 367 to BNSS 408?

Section 367 of the Code of Criminal Procedure, 1973 is found in Section 408 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. The heading and the text of Section 408 BNSS are the same as those of Section 367 CrPC. Neither text contains a cross-reference to another section.

CrPC 367 vs BNSS 408: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section367408
HeadingPower to direct further inquiry to be made or additional evidence to be takenSame
Sub-sections3 sub-sectionsSame

CrPC 367 and BNSS 408: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 367, CrPC 1973

367. Power to direct further inquiry to be made or additional evidence to be taken.—(1) If, when such proceedings are submitted, the High Court thinks that a further inquiry should be made into, or additional evidence taken upon, any point bearing upon the guilt or innocence of the convicted person, it may make such inquiry or take such evidence itself, or direct it to be made or taken by the Court of Session. (2) Unless the High Court otherwise directs, the presence of the convicted person may be dispensed with when such inquiry is made or such evidence is taken. (3) When the inquiry or evidence (if any) is not made or taken by the High Court, the result of such inquiry or evidence shall be certified to such Court.
BNSS 2023 (in force)

Section 408, BNSS 2023

408. Power to direct further inquiry to be made or additional evidence to be taken.—(1) If, when such proceedings are submitted, the High Court thinks that a further inquiry should be made into, or additional evidence taken upon, any point bearing upon the guilt or innocence of the convicted person, it may make such inquiry or take such evidence itself, or direct it to be made or taken by the Court of Session. (2) Unless the High Court otherwise directs, the presence of the convicted person may be dispensed with when such inquiry is made or such evidence is taken. (3) When the inquiry or evidence (if any) is not made or taken by the High Court, the result of such inquiry or evidence shall be certified to such Court.

When It Applies: CrPC 367 vs BNSS 408

Under CrPC 367
  1. When such proceedings are submitted and the High Court thinks that a further inquiry should be made or additional evidence taken upon a point bearing upon the guilt or innocence of the convicted person, Section 367(1) CrPC says the High Court may make such inquiry or take such evidence itself.
  2. Section 367(1) CrPC also says the High Court may direct such inquiry to be made or such evidence to be taken by the Court of Session.
  3. Section 367(2) CrPC says that, unless the High Court otherwise directs, the presence of the convicted person may be dispensed with when such inquiry is made or such evidence is taken.
  4. Section 367(3) CrPC says that when the inquiry or evidence is not made or taken by the High Court, the result of such inquiry or evidence shall be certified to such Court.
Under BNSS 408
  1. When such proceedings are submitted and the High Court thinks that a further inquiry should be made or additional evidence taken upon a point bearing upon the guilt or innocence of the convicted person, Section 408(1) BNSS says the High Court may make such inquiry or take such evidence itself.
  2. Section 408(1) BNSS also says the High Court may direct such inquiry to be made or such evidence to be taken by the Court of Session.
  3. Section 408(2) BNSS says that, unless the High Court otherwise directs, the presence of the convicted person may be dispensed with when such inquiry is made or such evidence is taken.
  4. Section 408(3) BNSS says that when the inquiry or evidence is not made or taken by the High Court, the result of such inquiry or evidence shall be certified to such Court.

What CrPC 367 to BNSS 408 Means in Practice

Section 408(1) BNSS gives the same direction as Section 367(1) CrPC: the High Court may make such inquiry or take such evidence itself, or direct it to be made or taken by the Court of Session. Section 408(2) BNSS and Section 408(3) BNSS read as Section 367(2) CrPC and Section 367(3) CrPC read.

FAQs: CrPC 367 to BNSS 408

Where is Section 367 CrPC found from 1 July 2024?▼

From 1 July 2024, Section 367 of the Code of Criminal Procedure, 1973 is found in Section 408 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 367(1) CrPC is found in Section 408(1) BNSS, Section 367(2) CrPC in Section 408(2) BNSS and Section 367(3) CrPC in Section 408(3) BNSS.

Did Section 408 BNSS change the power of the High Court to order further inquiry or additional evidence?▼

Section 408(1) BNSS reads as Section 367(1) CrPC reads. Each says that the High Court may make such inquiry or take such evidence itself, or direct it to be made or taken by the Court of Session.

Did the rules on the presence of the convicted person or certification of results change between Section 367 CrPC and Section 408 BNSS?▼

Section 408(2) BNSS reads as Section 367(2) CrPC reads, and Section 408(3) BNSS reads as Section 367(3) CrPC reads. Unless the High Court otherwise directs, the presence of the convicted person may be dispensed with, and the result of such inquiry or evidence shall be certified to such Court when it is not made or taken by the High Court.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·