Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 439: Power to order inquiry
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.
Brefe Detail
Section 439 of the Bharatiya Nagarik Suraksha Sanhita, 2023, empowers the High Court and Sessions Judge to order further inquiries into complaints that have been dismissed or cases of individuals who have been discharged from charges. This section ensures that a Chief Judicial Magistrate or subordinate Magistrate can conduct further investigations based on the directions from the higher courts. Importantly, it also safeguards the rights of discharged individuals by requiring that they be given an opportunity to contest any inquiries against them.
Question & Answers
Q1: What authority does Section 439 give to the High Court or Sessions Judge?
A1: It allows them to direct the Chief Judicial Magistrate or subordinate Magistrates to conduct further inquiries into dismissed complaints or cases involving discharged individuals.
Q2: Can an inquiry be ordered for a person who has already been discharged?
A2: Yes, but only after giving the discharged individual an opportunity to show cause against the inquiry.
Q3: What types of complaints can be subjected to further inquiry?
A3: Complaints dismissed under section 226 or sub-section (4) of section 227 can be further investigated.
Q4: Who conducts the inquiry if directed?
A4: The inquiry can be conducted by the Chief Judicial Magistrate himself or by any subordinate Magistrate as directed.
Q5: What must be ensured before ordering an inquiry for a discharged individual?
A5: The discharged individual must be given the opportunity to contest the inquiry.
Example
1. Example of Inquiry Order: If a complaint regarding a minor offense was dismissed by a lower court, the High Court may order the Chief Judicial Magistrate to reopen the inquiry if new evidence is presented.
2. Example of Discharged Individual: If a person accused of theft is discharged due to lack of evidence, the Sessions Judge can order further inquiry into the case if new witnesses come forward, provided the individual is given a chance to respond.
3. Example of Court Procedure: A complainant whose case was dismissed may petition the High Court, which could then direct the Chief Judicial Magistrate to investigate further, ensuring that all parties are heard.
Summary
Section 439 of the Bharatiya Nagarik Suraksha Sanhita, 2023, grants the High Court and Sessions Judge the authority to order further inquiries into previously dismissed complaints and cases of discharged individuals. This provision aims to ensure thorough investigations while protecting the rights of individuals by requiring that they be informed and allowed to contest any such inquiries against them.
