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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Nearby BNSS sections
- BNSS 403 — Court not to alter judgment
- BNSS 404 — Copy of judgment to be given to accused and other persons
- BNSS 405 — Judgment when to be translated
- BNSS 406 — Court of Session to send copy of finding and sentence to District Magistrate
- BNSS 407 — Sentence of death to be submitted by Court of Session for confirmation
- BNSS 409 — Power of High Court to confirm sentence or annul conviction
- BNSS 410 — Confirmation or new sentence to be signed by two Judges
- BNSS 411 — Procedure in case of difference of opinion
- BNSS 412 — Procedure in cases submitted to High Court for confirmation
- BNSS 413 — No appeal to lie unless otherwise provided
