Section 367 CrPC: Power to Direct Further Inquiry or Take Additional Evidence
Section 367 of the Code of Criminal Procedure, 1973 empowered the High Court to obtain further inquiry or evidence while examining a death sentence submitted for confirmation. The corresponding current provision is Section 408 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Section 367 CrPC - Statutory Provision
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.
Section 408 BNSS, 2023 - Current Corresponding Law
Section 408 BNSS, titled Power to direct further inquiry to be made or additional evidence to be taken, continues the same three-part mechanism. In a death sentence confirmation proceeding, the High Court may itself inquire into a point affecting guilt or innocence, take additional evidence, or direct the Court of Session to do so.
Under sub-section (2), the convicted person need not be physically present during the inquiry or taking of evidence unless the High Court directs otherwise. Under sub-section (3), the Court of Session must certify the result back to the High Court when the inquiry or evidence is taken there.
Meaning and Scope of the Provision
1. Further inquiry
Further inquiry means additional judicial examination of an issue relevant to the convicted person's guilt or innocence. The High Court exercises this power when the existing record requires clarification before it decides whether to confirm the death sentence.
2. Additional evidence
Additional evidence means evidence taken beyond the existing trial record on a relevant point. This is not an unrestricted opportunity to reopen every issue; the statutory focus is on matters bearing upon guilt or innocence.
3. Role of the High Court and Court of Session
The High Court decides whether further inquiry or evidence is necessary. It may perform the exercise itself or direct the Court of Session to conduct it. Where the Court of Session acts, its results are certified to the High Court for consideration.
4. Presence of the convicted person
The statute permits the High Court to dispense with the convicted person's presence during this exercise. This does not remove applicable requirements of fair procedure or the High Court's power to direct attendance.
How Section 408 Fits into Death Sentence Confirmation
- Submission: Under Section 407 BNSS (formerly Section 366 CrPC), the Court of Session submits death sentence proceedings to the High Court; the sentence cannot be executed without confirmation.
- Examination: The High Court considers the record and may invoke Section 408 BNSS if further inquiry or additional evidence is required.
- Certification: If the Court of Session undertakes the directed exercise, its results are certified to the High Court.
- Decision: The High Court then exercises its powers under Section 409 BNSS (formerly Section 368 CrPC), subject to other applicable procedural safeguards.
Frequently Asked Questions
Which BNSS section replaces Section 367 CrPC?
Section 408 BNSS, 2023 is the corresponding provision governing further inquiry and additional evidence in death sentence confirmation proceedings.
Can the High Court take additional evidence itself?
Yes. It may take evidence itself or direct the Court of Session to take it, where the statutory conditions are met.
Is the convicted person required to attend?
Not necessarily. The High Court may dispense with attendance unless it directs otherwise.
Does Section 408 permit execution of a death sentence?
No. Confirmation of a death sentence is separately governed by Section 407 and related provisions of the BNSS.
Official Legislative Sources
For the enacted provisions, consult the Bureau of Police Research and Development BNSS publication, the India Code official legislative database, and the Delhi Police Academy CrPC-BNSS section reference.
Legal information updated: 18 October 2026. Application of the old or new procedural code depends on the facts, commencement date and applicable savings provisions.