BNSS §439
Power to
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Comparison
398. Power to order inquiry.—On examining any record under section 397 or otherwise, the High Court or the Sessions Judge may direct the Chief Judicial Magistrate by himself or by any of the Magistrates subordinate to him to make, and the Chief Judicial Magistrate may himself make or direct any subordinate Magistrate to make, further inquiry into any complaint which has been dismissed under section 203 or sub-section
(4) of section 204, or into the case of any person accused of an offence who has been discharged: Provided that no Court shall make any direction under this section for inquiry into the case of any person who has been discharged unless such person has had an opportunity of showing cause why such direction should not be made.
439. On examining any record under section 438 or otherwise, the High Court or the Sessions Judge may direct the Chief Judicial Magistrate by himself or by any of the Magistrates subordinate to him to make, and the Chief Judicial Magistrate may himself make or direct any subordinate Magistrate to make, further inquiry into any complaint which has been dismissed under section 226 or sub-section
(4) of section 227, or into the case of any person accused of an offence who has been discharged: Provided that no Court shall make any direction under this section for inquiry into the case of any person who has been discharged unless such person has had an opportunity of showing cause why such direction should not be made.
What changedAI-inferred
Power to order inquiry.
Old position
CrPC 398 is concerned with Power to order inquiry. Power to order inquiry
New position
BNSS 439 preserves the framework with drafting modernisations as required by the new code. Topic: Power to. On examining any record under section 438 or otherwise, the High Court or the Sessions Judge may direct the Chief Judicial Magistrate by himself or by any of the Magistrates subordinate to him to make, and the Chief Judicial Magistrate may
BNSS 439 (Power to) preserves the framework of CrPC 398. BNSS 439 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BNSS 439 text: On examining any record under section 438 or otherwise, the High...
Editorial deltaAI-indicated (source-linked)
BNSS 439 (Power to) preserves the framework of CrPC 398. BNSS 439 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BNSS 439 text: On examining any record under section 438 or otherwise, the High Court or the Sessions Judge may direct the Chief Judicial Magistrate by himself or by any of the Magistrates subordinate to him to make, and the Chief Judicial Magistrate may himself make or direct any subordinate Magistrate to make, further inquiry into...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, CrPC 398 continues to apply. For matters from that date forward, BNSS 439 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNSS 439 (Power to). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Code of Criminal Procedure, 1973
- Gazette of India — Bharatiya Nagarik Suraksha Sanhita, 2023
Cite this page
Newlaws.in, CRPC §398 → BNSS §439 Mapping Page, last updated 2026-05-01, accessed 2026-06-14, https://newlaws.in/bnss/439.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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