Power to order inquiry
Section 439 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with 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, f The Act came into force on 01 Jul 2024.
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.
Section 439, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 398 Power to order inquiry Text carried over almost unchanged 98%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Subrata Das vs State of Jharkhand
Decided under Code of Criminal Procedure 398, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
The power vested in the High Court under Section 482 Criminal Procedure Code can be invoked to quash proceedings only in cases where: (a) there is a legal impediment to continuance of proceedings such as absence of required sanction; (b) averments made in the complaint or FIR, even if accepted at face value, do not constitute an offence; or (c) there is no legal evidence to support the charge. The power must be exercised sparingly. When two courts below have concurrently found that a prima facie case exists based on available material and witness depositions, the High Court should not interfere unless one of the above conditions is satisfied. Additionally, when a matter is remanded for further enquiry, the magistrate has discretion in determining the nature of enquiry to be conducted, and fresh examination of witnesses, while not necessarily required, does not vitiate the proceedings if the magistrate is satisfied that a prima facie case is made out.
On this section: Used to describe the nature of direction issued by Additional Sessions Judge for further enquiry to be conducted by Chief Judicial Magistrate upon remand of case
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Bhola Ram vs Amrik Singh
Decided under Code of Criminal Procedure 398, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When a revisional court under Section 398 Cr.P.C. sets aside an order of discharge, it can only direct the trial court to make further enquiry into the case after giving notice to the discharged person. The revisional court cannot directly frame charges. After further enquiry, the trial court may either discharge the accused or frame charges for offences that may be prima facie made out upon the evidence on record, in accordance with Section 245 Cr.P.C.
On this section: Core provision governing revisional court's power to order further enquiry into cases of discharged persons. The court held that this section empowers the revisional court to direct further enquiry but not to directly frame charges. The proviso requires notice to the discharged person before making such direction.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 439
What have the courts held on Section 439 of the Bharatiya Nagarik Suraksha Sanhita?
Subrata Das vs State of Jharkhand (22 Oct 2010) is the leading judgment on this section among those set out below, though it was decided under CRPC 398, which this section replaced -- the court never mentioned this Act: Used to describe the nature of direction issued by Additional Sessions Judge for further enquiry to be conducted by Chief Judicial Magistrate upon remand of case. Another 1 judgment on this section is set out below, 1 of them from the Supreme Court. They run from 2010 to 2012.
How do I find court cases under Section 439 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 439, section 439 BNSS, section 439 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type 439 bnss in crpc and 439 bnss act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Subrata Das vs State of Jharkhand (22 Oct 2010).
What should I read with Section 439 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on section 226 (Dismissal of complaint), section 227 (Issue of process), section 438 (Calling for records to exercise powers of revision), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it. It carries forward CrPC 398 (Power to order inquiry), so the judgments decided under that provision are the case law on this one.
When did Section 439 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 439 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 439, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.