CrPC 398→BNSS 439

CrPC 398 to BNSS 439: Power to order inquiry

Section 398 CrPC (1973) replaced by Section 439 BNSS (2023)

View CrPC Section 398 →View BNSS Section 439 →

CrPC 398 to BNSS 439 at a Glance

Section 398 CrPC (Power to order inquiry) is now Section 439 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 398 to BNSS 439?

Section 398 CrPC became Section 439 BNSS from 1 July 2024. The heading is the same. The text is the same except for renumbered cross-references to Section 438 BNSS, Section 226 BNSS and Section 227(4) BNSS.

CrPC 398 vs BNSS 439: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section398439
HeadingPower to order inquirySame
Cross-referencess.397, s.203s.438, s.226

CrPC 398 and BNSS 439: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 398, CrPC 1973

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.
BNSS 2023 (in force)

Section 439, BNSS 2023

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 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.

When It Applies: CrPC 398 vs BNSS 439

Under CrPC 398
  1. The High Court or the Sessions Judge may act on examining any record under Section 397 CrPC or otherwise.
  2. 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 further inquiry.
  3. The Chief Judicial Magistrate may make the further inquiry or direct any subordinate Magistrate to make it.
  4. The further inquiry may be into a complaint which has been dismissed under Section 203 CrPC or Section 204(4) CrPC, or into the case of any person accused of an offence who has been discharged.
  5. No Court shall make a direction under Section 398 CrPC for inquiry into the case of a person who has been discharged unless that person has had an opportunity of showing cause why such direction should not be made.
Under BNSS 439
  1. The High Court or the Sessions Judge may act on examining any record under Section 438 BNSS or otherwise.
  2. 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 further inquiry.
  3. The Chief Judicial Magistrate may make the further inquiry or direct any subordinate Magistrate to make it.
  4. The further inquiry may be into a complaint which has been dismissed under Section 226 BNSS or Section 227(4) BNSS, or into the case of any person accused of an offence who has been discharged.
  5. No Court shall make a direction under Section 439 BNSS for inquiry into the case of a person who has been discharged unless that person has had an opportunity of showing cause why such direction should not be made.

What CrPC 398 to BNSS 439 Means in Practice

From 1 July 2024 the power to order inquiry is found in Section 439 BNSS. It refers to Section 438 BNSS where Section 398 CrPC referred to Section 397 CrPC.

FAQs: CrPC 398 to BNSS 439

Where is Section 398 CrPC found from 1 July 2024?▼

Section 398 CrPC is found in Section 439 BNSS. The heading is the same, and the text is the same except for renumbered cross-references.

Which cross-references were renumbered from Section 398 CrPC to Section 439 BNSS?▼

Section 439 BNSS refers to Section 438 BNSS where Section 398 CrPC referred to Section 397 CrPC. It refers to Section 226 BNSS and Section 227(4) BNSS where Section 398 CrPC referred to Section 203 CrPC and Section 204(4) CrPC.

Does the proviso differ between Section 398 CrPC and Section 439 BNSS?▼

No. The proviso on a person who has been discharged reads the same in Section 439 BNSS and Section 398 CrPC.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 20 Oct 2026 ·