CrPC Section 398
Section 398 of the Criminal Procedure Code (CrPC), 1973 (India):
⚖️ Section 398 CrPC – Power to Order Inquiry
🔹 Text Summary:
Section 398 gives a Sessions Judge or a Chief Judicial Magistrate (CJM) the power to:
Order a fresh inquiry or direct further investigation into a case that has been dismissed under Section 203, or where the accused was discharged under Section 239 or 245, after examining the record.
🔍 When Does It Apply?
When a complaint has been dismissed by a Magistrate (under Section 203), or
When an accused has been discharged due to insufficient grounds (under Sections 239 or 245), and
A Sessions Judge or CJM on revisional powers finds that further inquiry is necessary.
🧠 In Simple Terms:
If a lower court has dismissed a complaint or discharged the accused, and the Sessions Judge or CJM feels there is still a need for further investigation or inquiry, they can:
Order a Magistrate to conduct further inquiry, or
Direct the police to do more investigation.
🔸 However, no direction can be issued to a subordinate Magistrate to conduct further inquiry into a complaint without giving the accused an opportunity to be heard if the case was dismissed under Section 203.
📌 Example Scenario:
A Magistrate dismisses a woman's complaint of harassment under Section 203 CrPC, saying there isn’t enough evidence. She approaches the Sessions Judge in revision. The Sessions Judge, after reviewing the file, feels more investigation is needed and orders further inquiry under Section 398.
Key Legal Protections:
Accused has the right to be heard before a fresh inquiry is ordered under this section if the case was dismissed at the complaint stage (Section 203).
Ensures judicial oversight of decisions to dismiss or discharge.
✅ Related Sections:
Section 203 CrPC – Dismissal of complaint after initial consideration.
Section 239 CrPC – Discharge in warrant cases (police report).
Section 245 CrPC – Discharge in summons cases.
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