CrPC Section 398: Power to order inquiry
Code of Criminal Procedure, 1973 · Chapter 30: Reference and Revision
Repealed on 1 July 2024 and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
¶ 398. Power to order inquiry.- 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 of sub-section (4) of section 204 or into the case of any person accused of an offence who has been discharged:
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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.
Study: explanations and related material
Now BNSS 439 (corresponding section). CrPC → BNSS converterSource: BPR&D BNSS–CrPC corresponding section table (UP Police, 2024-07-03), p22
Official reference: Ministry of Home Affairs: historical CrPC reference — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-06-30.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately. Section 135 was restored and individually checked against the linked government PDF (pages 75–76) on 2026-10-02; this is not a verification of the whole collection. Schedules and forms are not consolidated here. Historical code retained for reference; read the repeal/savings provisions in the successor code.
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 395. Reference to High Court
- 396. Disposal of case according to decision of High Court
- 397. Calling for records to exercise powers of revision
- 399. Sessions Judge's powers of revision
- 400. Power of Additional Sessions Judge
- 401. High Court's powers of revision
- 402. Power of High Court to withdraw or transfer revision cases
- 403. Option of Court to hear parties
- 404. Statement by Metropolitan Magistrate of grounds of his decision to be considered by High Court
- 405. High Court's order to be certified to lower Court