CrPC Section 398 — Power to order inquiry

Official 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.

Sections referred to

• CrPC §203 — Dismissal of complaint
• CrPC §204 — Issue of process
• CrPC §397 — Calling for records to exercise powers of revision

Referred to by

• CrPC §39 — Public to give information of certain offences
• CrPC §397 — Calling for records to exercise powers of revision

Related Judgments

• POPULAR MUTHIAH vs STATE OF TAMIL NADU — Supreme Court of India (2006)
• HARDEEP SINGH vs STATE OF PUNJAB & ORS — Supreme Court of India (2014)
• KARNAIL SINGH CHEEMA vs STATE & ANR — Delhi High Court (2024)

Old <-> New Code Mapping

• BNSS §439 — Power to order inquiry