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

Code of Criminal Procedure, 1973

Section 367 CrPC at a Glance

Section 367 CrPC deals with power to direct further inquiry to be made or additional evidence to be taken. From 1 July 2024 it is replaced by Section 408 BNSS.

Now BNSS

Section 408 →

What Section 367 CrPC Says

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.

Source: Section 367, Code of Criminal Procedure, 1973

Section 367 CrPC in Simple Words

Section 367 of the Code of Criminal Procedure, 1973 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 367 CrPC 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 367(1) CrPC says the High Court may make such inquiry or take such evidence itself.
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.
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.
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.

Example of Section 367 CrPC

Proceedings against a convicted person named Ramesh are submitted to the High Court. The High Court thinks that additional evidence should be taken upon a point bearing upon the guilt or innocence of Ramesh, and under Section 367(1) CrPC it directs the Court of Session to take that evidence. The High Court does not otherwise direct under Section 367(2) CrPC, so the presence of Ramesh may be dispensed with when the evidence is taken. The evidence is not taken by the High Court, so under Section 367(3) CrPC the result of the evidence shall be certified to the High Court.

When Section 367 CrPC Does Not Apply

Section 367 of the Code of Criminal Procedure, 1973 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 368 CrPC.

Section 367 CrPC Under BNSS 408: What Changed

Section 367 CrPC is now covered under Section 408 BNSS.

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.

View detailed comparison (CrPC 367 vs BNSS 408) →

FAQs on Section 367 CrPC

Who can conduct the further inquiry or take additional evidence under Section 367 CrPC?▼

Section 367(1) CrPC 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 367 CrPC?▼

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. The High Court can therefore direct otherwise.

What must happen after the Court of Session completes an inquiry or takes evidence under Section 367 CrPC?▼

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, that is, the High Court.

Where is Section 367 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 367 CrPC is found in Section 408 BNSS. 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.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 21 Oct 2026 ·