Power to order inquiry.
What this section does
On examining any record under section 438 or otherwise, the High Court or Sessions Judge may direct the Chief Judicial Magistrate (or a subordinate Magistrate) to make further inquiry into any complaint dismissed under section 226 or section 227(4), or into the case of any person accused of an offence who has been discharged. No direction for inquiry into the case of a discharged person shall be made unless that person has had an opportunity to show cause why such direction should not be made.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Procedure at a glance
- Key actors
- High Court · Sessions Judge · Chief Judicial Magistrate · Subordinate Magistrate · Accused
Derived from CrPC s.398.
Read the official text
For the binding statutory text of BNSS Section 439, refer to the Gazette of India or the India Code official website.
Why this matters
BNSS Section 439 forms part of Bharatiya Nagarik Suraksha Sanhita which replaced the Code of Criminal Procedure 1973 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.