Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XXX: Submission Of Death Sentences For Confirmation

Section 408 BNSS: Power to direct further inquiry to be made or additional evidence to be taken

Corresponding CrPC: Section 367 CrPC

Bare Act 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.

Text as enacted in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

When death sentence proceedings are submitted, the High Court may itself make further inquiry or take additional evidence on any point bearing on guilt or innocence, or direct the Court of Session to do so. Further provisions deal with the convict's presence and return of the evidence.