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

Summary

Sub-section (1) allows the High Court, when the proceedings are submitted to it, to make further inquiries or take additional evidence on any point relating to the convicted person’s guilt or innocence. It may do this itself or direct the Court of Session to do it.

Sub-section (2) says the convicted person’s presence may be dispensed with during the inquiry or when the evidence is taken, unless the High Court directs otherwise.

Sub-section (3) requires the result of an inquiry or evidence to be certified to the High Court when the High Court did not conduct the inquiry or take the evidence itself.

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

• HARENDRA RAI vs THE STATE OF BIHAR & ORS — Supreme Court of India (2023)
• MUNNA PANDEY vs STATE OF BIHAR — Supreme Court of India (2023)
• RAJENDRA PRASAD ETC. ETC. vs STATE OF UTTAR PRADESH — Supreme Court of India (1979)

Old <-> New Code Mapping

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