Bharat Samvidhan
BNSS Section 439

Section 439 BNSS: showing cause why such direction should not be made

Official criminal procedure provision under the Bharatiya Nagarik Suraksha Sanhita, 2023.

Official Statutory Wording (100% Legally Correct)

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

Simplified Legal Summary

This section details the statutory rules, frameworks, and procedures under Section 439 of the BNSS.

Legal Compliance Notice

This content is compiled from the official Gazette of India publication. For active legal actions, petitions, or filings, citizens are advised to cross-reference this clause with their legal advocate under the corresponding Sections of the BNSS 2023.

Frequently Asked Questions (FAQs)

Q: What does BNSS Section 439 cover?

A: Section 439 of the BNSS 2023 deals with: "showing cause why such direction should not be made". It is part of India's updated criminal procedure law that replaced the old CrPC 1973, effective July 1, 2024.

Q: Which old CrPC section does BNSS Section 439 replace?

A: BNSS Section 439 ("showing cause why such direction should not be made") is part of the BNSS 2023 which replaced the entire CrPC 1973. Many sections were renumbered — use the Law Decoder for exact cross-references.

Q: Does BNSS Section 439 apply across all Indian states?

A: Yes. BNSS 2023 applies to the whole of India except Nagaland and specified tribal areas (per Section 1 BNSS). Section 439 ("showing cause why such direction should not be made") follows this national applicability.

Q: When did BNSS Section 439 come into effect?

A: The BNSS 2023 — including Section 439 ("showing cause why such direction should not be made") — came into effect on July 1, 2024, by Central Government notification in the Official Gazette.