Section 398 CrPC: Power to order inquiry

Code of Criminal Procedure, 1973

Section 398 CrPC at a Glance

Section 398 CrPC deals with power to order inquiry. From 1 July 2024 it is replaced by Section 439 BNSS.

Now BNSS

Section 439 →

What Section 398 CrPC Says

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.

Source: Section 398, Code of Criminal Procedure, 1973

Section 398 CrPC in Simple Words

Section 398 CrPC deals with further inquiry.

On examining any record under Section 397 CrPC 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 203 CrPC or Section 204(4) CrPC, 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 398 CrPC Applies

  • The High Court or the Sessions Judge may act on examining any record under Section 397 CrPC 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 203 CrPC or Section 204(4) CrPC, or into the case of any person accused of an offence who has been discharged.
  • 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.

Example of Section 398 CrPC

The Sessions Judge examines a record under Section 397 CrPC 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 398 CrPC Does Not Apply

  • Section 398 CrPC speaks of further inquiry after a record is examined. It does not deal with calling for records to exercise powers of revision, which Section 397 CrPC covers.
  • Section 398 CrPC speaks of a direction to the Chief Judicial Magistrate. It does not deal with the powers of revision of the Sessions Judge, which Section 399 CrPC covers.

Section 398 CrPC Under BNSS 439: What Changed

Section 398 CrPC is now covered under Section 439 BNSS.

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 detailed comparison (CrPC 398 vs BNSS 439) →

FAQs on Section 398 CrPC

Who may order further inquiry under Section 398 CrPC?▼

On examining any record under Section 397 CrPC 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 398 CrPC?▼

Into any 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.

What must happen before a direction is made for inquiry into the case of a discharged person under Section 398 CrPC?▼

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

Where is Section 398 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 398 CrPC has no sub-sections, and maps as a whole to Section 439 BNSS.

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

Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 20 Oct 2026 ·