Bharatiya Nagarik Suraksha Sanhita, 2023
Section 408
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.
Why this exists
Given the finality of a death sentence, the High Court is given flexible power to dig deeper if the existing trial record leaves gaps on guilt or innocence, rather than being stuck deciding purely on a possibly incomplete record. This flexibility strengthens the confirmation process as a genuine safeguard rather than a rubber-stamp review. It continues section 367 of the CrPC, 1973.