Section 439 BNSS: Power to order inquiry

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 439 BNSS at a Glance

Section 439 BNSS deals with power to order inquiry. It replaced Section 398 CrPC on 1 July 2024.

Was CrPC

Section 398 →

Section 439 BNSS Bare Act Text

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.

Source: Section 439, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 439 BNSS in Simple Words

Section 439 BNSS deals with further inquiry.

On examining any record under Section 438 BNSS 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 further inquiry into a complaint which has been dismissed under Section 226 BNSS or Section 227(4) BNSS, or into the case of a person accused of an offence who has been discharged.

No Court shall make a direction for inquiry into the case of a discharged person unless that person has had an opportunity of showing cause why such direction should not be made.

When Section 439 BNSS Applies

  • The High Court or the Sessions Judge may act on examining any record under Section 438 BNSS 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 further inquiry.
  • The Chief Judicial Magistrate may make the further inquiry or direct any subordinate Magistrate to make it.
  • 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.
  • 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.

Example of Section 439 BNSS

The Sessions Judge examines a record under Section 438 BNSS in which Arun, a person accused of an offence, was discharged. The Sessions Judge may direct the Chief Judicial Magistrate to make further inquiry into the case of Arun. No Court shall make that direction unless Arun has had an opportunity of showing cause why such direction should not be made.

When Section 439 BNSS Does Not Apply

  • Section 439 BNSS speaks of further inquiry after a record is examined. It does not deal with calling for records to exercise powers of revision, which Section 438 BNSS covers.
  • Section 439 BNSS speaks of a direction to the Chief Judicial Magistrate. It does not deal with the powers of revision of the Sessions Judge, which Section 440 BNSS covers.

Section 439 BNSS in the CrPC (Previous Law)

Section 439 BNSS replaces Section 398 CrPC from the old criminal code.

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.

View CrPC Section 398 →

FAQs on Section 439 BNSS

Who may order further inquiry under Section 439 BNSS?▼

On examining any record under Section 438 BNSS 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 further inquiry.

Into what may further inquiry be directed under Section 439 BNSS?▼

Into any 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.

What must happen before a direction is made for inquiry into the case of a discharged person under Section 439 BNSS?▼

No Court shall make the direction unless the discharged person has had an opportunity of showing cause why such direction should not be made.

What changed from Section 398 CrPC to Section 439 BNSS from 1 July 2024?▼

The heading is the same. The text is the same except for renumbered cross-references. Section 439 BNSS refers to Section 438 BNSS where Section 398 CrPC referred to Section 397 CrPC, and to Section 226 BNSS and Section 227(4) BNSS where Section 398 CrPC referred to Section 203 CrPC and Section 204(4) CrPC.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 20 Oct 2026 ·