Section 408 BNSS: Power to direct further inquiry to be made or additional evidence to be taken
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 408 BNSS at a Glance
Section 408 BNSS deals with power to direct further inquiry to be made or additional evidence to be taken. It replaced Section 367 CrPC on 1 July 2024.
Section 408 BNSS Bare Act Text
(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.
Source: Section 408, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 408 BNSS in Simple Words
Section 408 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with a further inquiry or additional evidence where proceedings are submitted to the High Court. If 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.
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. When the inquiry or evidence is not made or taken by the High Court, the result shall be certified to such Court.
When Section 408 BNSS Applies
- 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.
- 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.
- 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.
- 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.
Example of Section 408 BNSS
When Section 408 BNSS Does Not Apply
- Section 408 of the Bharatiya Nagarik Suraksha Sanhita, 2023 speaks of further inquiry and additional evidence in a case submitted to the High Court. It does not deal with the power of the High Court to confirm the sentence or annul the conviction, which is the subject of Section 409 BNSS.
Section 408 BNSS in the CrPC (Previous Law)
Section 408 BNSS replaced Section 367 CrPC 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 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.
Each sub-section below names its own source.
FAQs on Section 408 BNSS
Who can conduct the further inquiry or take additional evidence under Section 408 BNSS?▼
Section 408(1) BNSS says 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. This applies when, such proceedings being 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.
Must the convicted person be present when further inquiry is made or additional evidence is taken under Section 408 BNSS?▼
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. The High Court can therefore direct otherwise.
What must happen after the Court of Session completes an inquiry or takes evidence under Section 408 BNSS?▼
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, that is, the High Court.
What changed from Section 367 CrPC to Section 408 BNSS from 1 July 2024?▼
From 1 July 2024, Section 408 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 367 of the Code of Criminal Procedure, 1973. Section 408 BNSS has the same heading and the same text as Section 367 CrPC. Section 408(1) BNSS, Section 408(2) BNSS and Section 408(3) BNSS read as Section 367(1) CrPC, Section 367(2) CrPC and Section 367(3) CrPC read. Neither text contains a cross-reference to another section.
Section 408 BNSS: Sub-sections Explained
Section 408(1) BNSS: Power to direct further inquiry to be made or additional evidence to be taken
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Bare Act Text
(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.
Section 408(2) BNSS: Power to direct further inquiry to be made or additional evidence to be taken
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Bare Act Text
(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.
Section 408(3) BNSS: Power to direct further inquiry to be made or additional evidence to be taken
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Bare Act Text
(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.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·