Power to direct further inquiry to be made or additional evidence to be taken.
What this section does
When death-sentence proceedings are submitted to the High Court, it may order further inquiry or additional evidence on any point bearing on the guilt or innocence of the convicted person, either conducting such inquiry itself or directing the Court of Session to do so. The presence of the convicted person may be dispensed with unless the High Court directs otherwise, and the results of any inquiry or evidence not taken by the High Court must be certified back to it.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Procedure at a glance
- Key actors
- High Court · Court of Session · Convicted person
Derived from CrPC s.367.
Read the official text
For the binding statutory text of BNSS Section 408, refer to the Gazette of India or the India Code official website.
Why this matters
BNSS Section 408 forms part of Bharatiya Nagarik Suraksha Sanhita which replaced the Code of Criminal Procedure 1973 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.