CrPC § 398 · Code of Criminal Procedure, 1973 · Repealed on 1 July 2024

Section 398 CrPC — Power to order inquiry

Replaced from 1 July 2024 by BNSS 439 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Offences committed on or before 30 June 2024 are still charged under the CrPC.

The law now: BNSS 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 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.

Source: India Code (indiacode.gov.in). The Gazette of India is the authoritative text. BNSS 439 in full

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