Bharatiya Nagarik Suraksha Sanhita, 2023
BNSS Section 439
Power to order inquiry
In one line
BNSS Section 439 deals with power to order inquiry and replaces CrPC 398.
Bare act text — BNSS 439
439. Power to order inquiry.
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 subsection (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.
Frequently asked
What was BNSS Section 439 in the CrPC?
BNSS Section 439 (Power to order inquiry) replaces Section 398 of the Code of Criminal Procedure, 1973. CrPC 398 is now BNSS 439.
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Nearby BNSS sections
- BNSS 434 — Finality of judgments and orders on appeal
- BNSS 435 — Abatement of appeals
- BNSS 436 — Reference to High Court
- BNSS 437 — Disposal of case according to decision of High Court
- BNSS 438 — Calling for records to exercise powers of revision
- BNSS 440 — Sessions Judge's powers of revision
- BNSS 441 — Power of Additional Sessions Judge
- BNSS 442 — High Court's powers of revision
- BNSS 443 — Power of High Court to withdraw or transfer revision cases
- BNSS 444 — Option of Court to hear parties