BNSS §408
direct further inquiry to be made or evidence to be taken.
Jump to section
Comparison
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.
408.
(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.
What changedAI-inferred
Power to direct further inquiry to be made or additional evidence to be taken.
Old position
CrPC 367 is concerned with Power to direct further inquiry to be made or additional evidence to be taken. Power to direct further inquiry to be made or additional evidence to be taken
New position
BNSS 408 preserves the framework with drafting modernisations as required by the new code. Topic: direct further inquiry to be made or evidence to be taken.. 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
BNSS 408 (direct further inquiry to be made or evidence to be taken.) preserves the framework of CrPC 367. BNSS 408 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BNSS 408 text: If, when such...
Editorial deltaAI-indicated (source-linked)
BNSS 408 (direct further inquiry to be made or evidence to be taken.) preserves the framework of CrPC 367. BNSS 408 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BNSS 408 text: 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...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, CrPC 367 continues to apply. For matters from that date forward, BNSS 408 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNSS 408 (direct further inquiry to be made or evidence to be taken.). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Code of Criminal Procedure, 1973
- Gazette of India — Bharatiya Nagarik Suraksha Sanhita, 2023
Cite this page
Newlaws.in, CRPC §367 → BNSS §408 Mapping Page, last updated 2026-05-01, accessed 2026-06-12, https://newlaws.in/bnss/408.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
Not legal advice. Verify against the bare act and consult a qualified advocate for any specific matter.