BNSS §439

Power to

Substantively sameConfidence: mediumStatus: cross checked
View government sourcemha.gov.in(opens the Bharatiya Nagarik Suraksha Sanhita, 2023 PDF on mha.gov.in in a new tab)
Last updated 2026-05-01 · Input coverage: full

Compiled by AI-assisted tools. Verify current status against official sources. Last updated: 2026-04-28.

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Comparison

Old law
CRPC §398
Power to order inquiry

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.

New law
BNSS §439
Power to

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.

Government source

The statutory text above is compiled from the Act as published by the Government of India. The links open the full Act; use the PDF's search to find the section number. The linked government pages offer no link to a single section.

Newlaws.in is an independent site, not a government body. The mappings and notes on this page are its own AI-assisted comparison and are not published or endorsed by any government body.

Sources

Cite this page

Newlaws.in, CRPC §398 → BNSS §439 Mapping Page, last updated 2026-05-01, accessed 2026-10-29, https://newlaws.in/bnss/439.

Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01

Not legal advice. Verify against the bare act and consult a qualified advocate for any specific matter.