Bharatiya Nagarik Suraksha Sanhita, 2023

BNSS Section 408

Power to direct further inquiry to be made or additional evidence to be taken

In one line

BNSS Section 408 deals with power to direct further inquiry to be made or additional evidence to be taken and replaces CrPC 367.

Bare act text — BNSS 408

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.

Frequently asked

What was BNSS Section 408 in the CrPC?

BNSS Section 408 (Power to direct further inquiry to be made or additional evidence to be taken) replaces Section 367 of the Code of Criminal Procedure, 1973. CrPC 367 is now BNSS 408.

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