CODE OF CRIMINAL PROCEDURE, 1973
BHARATIYA NAGARIK SURAKSHA SANHITA, 2023
398. Power to order inquiry
439. Power to order inquiry
changed or removed in old law
changed or added in new law
Similar wording stays plain; only differences are highlighted.
CODE OF CRIMINAL PROCEDURE, 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.
Legacy / repealed by BNSS India Code — CrPC 1973
BHARATIYA NAGARIK SURAKSHA SANHITA, 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.
Current law India Code — BNSS 2023