Section 398 CrPC - Power to Order Inquiry (Section 439 BNSS)
Section 398 of the Code of Criminal Procedure, 1973 permits the High Court or Sessions Judge to direct further inquiry in specified cases involving dismissed complaints or discharge. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 439 BNSS.
Meaning and scope of the power
The provision is a supervisory safeguard. When a complaint has been dismissed or an accused has been discharged, the High Court or Sessions Judge may examine the case record and, where legally justified, direct an appropriate Magistrate to undertake further inquiry. The power does not by itself establish guilt, issue a conviction or require the Magistrate to reach a predetermined conclusion.
The authority may be exercised on examining a record called for under Section 397 CrPC (corresponding to Section 438 BNSS) or otherwise within the law.
Section 398 CrPC - statutory text
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.
Section 439 BNSS - current provision
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.
CrPC and BNSS cross-references
| Subject | CrPC, 1973 | BNSS, 2023 |
|---|---|---|
| Power to order further inquiry | Section 398 | Section 439 |
| Calling for records in revision | Section 397 | Section 438 |
| Dismissal of complaint | Section 203 | Section 226 |
| Issue of process, including subsection (4) | Section 204 | Section 227 |
| Repeal and savings | Earlier procedural code | Section 531 |
When may further inquiry be ordered?
- Dismissed complaint: A complaint dismissed under Section 203 CrPC or Section 226 BNSS may be considered for further inquiry.
- Failure covered by issue-of-process provision: The section also refers to dismissal under Section 204(4) CrPC or Section 227(4) BNSS.
- Discharged accused: A case involving a discharged accused may be referred for further inquiry, but the person must first be given an opportunity to show cause.
- Judicial discretion: The revisional court assesses whether further inquiry is justified on the facts and the applicable law; it is not an automatic remedy for every unsuccessful complaint.
Opportunity of hearing after discharge
The proviso protects a person already discharged from being subjected to a further-inquiry direction without first being heard. The court must give that person an opportunity to explain why the proposed direction should not be made. This express safeguard applies to the discharged-person situation identified in the proviso.
How the procedure generally works
- The High Court or Sessions Judge examines the relevant judicial record.
- The court determines whether the statutory conditions justify a direction for further inquiry.
- Where the case concerns a discharged person, that person receives the required opportunity to show cause.
- If a direction is made, the Chief Judicial Magistrate conducts the inquiry or assigns it to a subordinate Magistrate.
- The Magistrate proceeds according to law, without any automatic finding of guilt arising from the revisional direction.
Which law applies to older proceedings?
Section 531 BNSS repeals the CrPC while saving specified appeals, applications, trials, inquiries and investigations pending immediately before 1 July 2024. Accordingly, the applicable procedural provision should be determined from the stage and history of the particular proceeding rather than assuming that every matter uses the BNSS solely because it is being heard today.
Official legislation and further reading
Consult the India Code official legislative database for the published Acts, and the Bureau of Police Research and Development BNSS reference PDF for the corresponding BNSS text. The official text and applicable court decisions should control any case-specific interpretation.
Frequently asked questions
What is the purpose of Section 398 CrPC?
It authorises the High Court or Sessions Judge to order further inquiry into specified dismissed complaints or discharged-accused cases after examining the record.
What is the corresponding BNSS provision?
Section 439 BNSS, 2023 is the corresponding provision. Its related cross-references are Sections 438, 226 and 227 BNSS.
Can further inquiry be ordered after an accused has been discharged?
Yes, but the discharged person must first have an opportunity to show cause against the proposed direction.
Does further inquiry automatically mean conviction or a fresh trial?
No. It requires additional judicial inquiry; it does not itself determine guilt or automatically reverse an acquittal.
Does the CrPC still apply to pending cases?
Section 531 BNSS contains savings for specified appeals, applications, trials, inquiries and investigations pending immediately before 1 July 2024. Applicability depends on the procedural history.
This article provides general legal information, not case-specific legal advice. Updated 18 October 2026.