Section 408 BNSS: Power to direct further inquiry to be made or additional evidence to be taken (Formerly Section 367 CrPC)

Section 408 of Bharatiya Nagarik Suraksha Sanhita, 2023: Power to direct further inquiry to be made or additional evidence to be taken

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 408

Section 408 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 367 of the CrPC, 1973) empowers the High Court, in death confirmation references, to direct further inquiry to be made or additional evidence to be taken upon any point bearing upon guilt or innocence.

Plenary Fact-Finding Power: If when such proceedings are submitted, the High Court thinks that a further inquiry ought to be made, or additional evidence taken upon any point bearing upon the guilt or innocence of the convicted person.
Inquiry by High Court or Sessions Court: The High Court may make such inquiry or take such evidence itself, or direct it to be made or taken by the Court of Session.
Accused's Presence Mandated: Unless the High Court otherwise directs, the presence of the convicted person may be dispensed with when such inquiry is made or evidence taken.

Key Landmark Precedents:

Mukesh v. State (NCT of Delhi), (2017) 6 SCC 1: The Supreme Court highlighted that the High Court in death reference proceedings possesses plenary jurisdiction to examine the entire record afresh, evaluate mitigating socio-economic reports, and order psychiatric evaluations.
Manoj v. State of M.P., (2023) 2 SCC 353: Mandated that comprehensive psychological evaluation and jail conduct reports must be called for at the appellate and confirmation stage under Section 367 CrPC.

Courtroom Practice & Strategic Litigation Guidance:

In death confirmation hearings, move an application under Section 408 for a psychological and psychiatric assessment and probation officer report to establish mitigating factors against capital punishment.