Code of Criminal Procedure, 1973 · Chapter XXVIII: Submission of Death Sentences for Confirmation
Section 367: Power to direct further inquiry to be made or additional evidence to be taken
The Code of Criminal Procedure, 1973 was repealed and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. It still applies to matters and proceedings from before that date, as the repealing law provides.
In plain words
When a death sentence is sent for confirmation, the High Court can make further inquiry or take additional evidence on guilt or innocence itself, or direct the Court of Session to do so. The convict's presence can be excused unless the High Court directs otherwise.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official 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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 367
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Waris v. State of Madhya Pradesh
Whether Trial Court ought to have given proper time and opportunity to the legal aid defence counsel to prepare the matter and should have deferred the cross-examination of PW-1 by a reasonable time so as to ensure…
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Munna Pandey v. State of Bihar
Whether the High Court erred in confirming the conviction and death sentence passed by trial court against appellant-accused for offences punishable u/ss.302, 376, IPC and s.4, POCSO Act, 2012, despite serious lapses in…
- Mohd. Arif @Ashfaq v. He Registrar, Supreme Court of India & Ors.
- Laut Kumar Yadav @ Kuri v. State of Utiar Pradesh
- Kunal Majumdar v. State of Rajasthan
- Liyakat v. State of Uttaranchal
- Bachan Singh S/O Saudagar Singh v. State of Punjab
- State of Orissa v. Ram Chander Agarwala Etc.
- Palaniappa Gounder v. State of Tamil Nadu & Ors.
- Harnam v. State of U.P.