(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.
Bharatiya Nagarik Suraksha Sanhita
Section 408
Power to direct further inquiry to be made or additional evidence to be taken
Englishहिंदी
⚡ Quick Answer Reference: Section 408 BNSS
- Provision: Section 408 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION
- Jurisdiction: India
- Summary: If a High Court thinks more investigation is needed to prove someone's guilt or innocence, it can order further inquiry or take additional evidence. This can be done by the High Court itself or by directing the Court of Session to do it. The person being investigated might not need to be present during this process.
Statutory Content
What does Section 408 of BNSS say?
Indian StandardSection 408, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 408 (India)
Court Pleading StandardSection 408 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/408
Embed this Section Card
Want to display this Section explanation card on your website? Copy and paste the HTML code below:
Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).
AI Educational GuideAI-generated explanation for educational and research purposes. Original statutory text is preserved exactly.
Section Meaning & Purpose
What does Section 408 of BNSS mean?
Plain English Explanation
If a High Court thinks more investigation is needed to prove someone's guilt or innocence, it can order further inquiry or take additional evidence. This can be done by the High Court itself or by directing the Court of Session to do it. The person being investigated might not need to be present during this process.
Practical Interpretation
In practice, this section allows the High Court to review and potentially overturn a conviction if it believes there's new evidence or a need for further investigation. This can be a crucial step in ensuring justice is served.
Core Legal Purpose
The core purpose of this section is to provide the High Court with the authority to review and potentially correct convictions based on new evidence or further investigation, thereby upholding the principles of justice and fairness.
Key Legal Elements
- •Proceedings have been submitted to the High Court.
- •The High Court thinks a further inquiry or additional evidence is necessary.
- •The inquiry or evidence is related to the guilt or innocence of the convicted person.
- •The High Court may direct the Court of Session to make the inquiry or take the evidence instead.
Practical Example
Practical Example of Section 408 BNSS
Rajesh is convicted of a crime, but the High Court believes that additional evidence is needed to prove his guilt. The High Court directs the Court of Session to investigate further and take additional evidence. During this process, Rajesh is not required to be present. After the inquiry is complete, the result is certified to the High Court, which can then use this new information to review and potentially overturn the conviction.
Common Questions (FAQ)
Frequently Asked Questions about Section 408 BNSS
Q: What is the punishment or consequence under Section 408 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities, as it pertains to the High Court's review of convictions.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not relate to criminal classification.
People Also Ask (PAA)
Common Questions about Section 408 BNSS
What is Section 408 of BNSS?
Section 408 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Power to direct further inquiry to be made or additional evidence to be taken". In plain terms: If a High Court thinks more investigation is needed to prove someone's guilt or innocence, it can order further inquiry or take additional evidence. This can be done by the High Court itself or by directing the Court of Session to do it. The person being investigated might not need to be present during this process.
What is the punishment under Section 408 of BNSS?
Section 408 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 408 of BNSS bailable or non-bailable?
Whether Section 408 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 408 of BNSS?
The essential elements of Section 408 of BNSS are: Proceedings have been submitted to the High Court.; The High Court thinks a further inquiry or additional evidence is necessary.; The inquiry or evidence is related to the guilt or innocence of the convicted person..
Landmark Case Laws
Landmark Judgments under Section 408 BNSS
Patnahcucisdb94 High Court (10 8)
Related Sections
Commonly Cited Alongside
Sections commonly cited alongside Section 408
Query this section with AI
Ask Nyaya AI About Section 408
Select a pre-configured prompt to run this section through the grounded research engine.
Contextual Workflows