BNSS Section 439 — Power to order inquiry

CHAPTER XXXII REFERENCE AND REVISION

Criminal

Summary

When the High Court or a Sessions Judge reviews a case record, they can order the Chief Judicial Magistrate to conduct a further inquiry into a complaint that was dismissed or into the case of an accused person who was discharged. The Chief Judicial Magistrate can either do this inquiry themselves or assign it to a lower Magistrate. However, before ordering an inquiry into a discharged person’s case, the court must give that person a chance to explain why such an order should not be made.

Official 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 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.

Related Judgments

  • SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
  • SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
  • SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
  • SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)
  • SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
  • .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
  • SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
  • SC (2025) Vol.2 p.1241 — Supreme Court of India (2025)

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