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

BNSS

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Explanation using Example

Example 1:

Scenario: Rajesh has been convicted of a serious crime and sentenced to death by the Court of Session. The case is now submitted to the High Court for confirmation of the death sentence.

Application of Section 408:

  1. Further Inquiry or Additional Evidence: The High Court reviews the case and finds that there is a crucial point regarding Rajesh's alibi that was not thoroughly investigated during the trial. The High Court decides that further inquiry is needed to determine the validity of the alibi.
  2. Direction to Court of Session: The High Court directs the Court of Session to conduct this further inquiry and gather additional evidence related to Rajesh's alibi.
  3. Presence of Convicted Person: The High Court decides that Rajesh's presence is not necessary during this additional inquiry.
  4. Certification of Results: After the Court of Session completes the inquiry and gathers the additional evidence, it certifies the results and submits them to the High Court for consideration.

Example 2:

Scenario: Meena has been convicted of a crime and sentenced to death. Her case is now before the High Court for confirmation of the death sentence. During the review, the High Court notices that there is conflicting testimony regarding a key witness's statement.

Application of Section 408:

  1. Further Inquiry or Additional Evidence: The High Court believes that additional evidence is needed to clarify the conflicting testimony of the key witness. The High Court decides to take this evidence itself.
  2. High Court Inquiry: The High Court summons the key witness and other relevant parties to provide additional testimony and evidence directly before the High Court.
  3. Presence of Convicted Person: The High Court decides that Meena's presence is not required during this process.
  4. Certification of Results: Since the High Court conducted the inquiry and gathered the additional evidence itself, there is no need for certification from the Court of Session. The High Court will now consider this new evidence in its decision on whether to confirm the death sentence.