Chapter XXVII
Section 367 CrPC: Power to direct further inquiry to be made or additional evidence to be taken
New Law Update (2024)
Section 415 BNSS
TRIAL COURT
Punishment
Procedural – Investigation / Inquiry
Cognizable?
Bailable?
Compoundable?
Bare Act 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.
Important Sub-Sections Explained
Section 367(1) CrPC
This crucial sub-section empowers the High Court, when criminal proceedings are before it, to mandate further inquiry or the taking of additional evidence, either directly or via the Court of Session, to ascertain the guilt or innocence of a convicted person.
Section 367(2) CrPC
This sub-section clarifies that, unless otherwise specifically directed by the High Court, the physical presence of the convicted person is not mandatory during such directed inquiry or evidence taking proceedings.
Landmark Judgements
Jagir Singh v. State of Haryana (1975):
While primarily interpreting Section 391 CrPC, the Supreme Court’s pronouncements on the cautious exercise of power to take additional evidence are equally applicable to Section 367. The Court emphasized that this power should not be used to fill lacunae in the prosecution’s case but only when the additional evidence is absolutely necessary for a just and fair decision, and without which the true facts cannot be ascertained.
S.P. Bhatnagar v. State of Maharashtra (1975):
The Supreme Court clarified the High Court’s broad discretion under this section (and similar provisions) to direct further inquiry or take additional evidence. It held that this power is not limited to particular stages and can be invoked to ensure that any defect or error leading to injustice is remedied, even if it means supplementing the existing record for a more comprehensive assessment of guilt or innocence.