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Wednesday, 11 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XXXII: Reference And Revision

Section 439 BNSS: Power to order inquiry

Corresponding CrPC
Section 398 CrPC

Bare Act text

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.

Text as enacted in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

On examining a record, the High Court or Sessions Judge may direct the Chief Judicial Magistrate, personally or through a subordinate Magistrate, to make further inquiry into a complaint that was dismissed or into the case of an accused who was discharged. The section sets out the cases and conditions.

Chapter XXXII: Reference And Revision

  1. 436 Reference to High Court
  2. 437 Disposal of case according to decision of High Court
  3. 438 Calling for records to exercise powers of revision
  4. 439 Power to order inquiry
  5. 440 Sessions Judge's powers of revision
  6. 441 Power of Additional Sessions Judge
  7. 442 High Court's powers of revision
  8. 443 Power of High Court to withdraw or transfer revision cases
  9. 444 Option of Court to hear parties
  10. 445 High Court's order to be certified to lower Court