BNSS Section 408 — Power to direct further inquiry to be made or additional evidence to be taken

Summary

When a convicted person’s case is sent to the High Court for review, the High Court can decide that more investigation or additional evidence is needed on a point related to the person’s guilt or innocence. In that situation, the High Court can either conduct that inquiry or take that evidence itself, or order the Court of Session to do it. Unless the High Court says otherwise, the convicted person does not have to be present while this additional inquiry or evidence is being done. If the inquiry or evidence is handled by the Court of Session instead of the High Court, the results must be sent to the High Court.

Official 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.

Related Judgments

• SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
• SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
• SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
• SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)
• SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
• SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
• .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
• SC (2024) Vol.12 p.335 — Supreme Court of India (2024)

Old <-> New Code Mapping

• CrPC §367 — Power to direct further inquiry to be made or additional evidence to be taken