398
398
Power to order inquiry
Code of Criminal Procedure, 1973
Chapter XXX Reference and Revision
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Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 yearsCourt InquiryInvestigationsLegal Process
🗣️ Simple Explanation
What does this law say?
Section 398 of the CrPC allows the High Court or Sessions Judge to order a further investigation. This happens if they are not satisfied with the initial investigation or if a case was dismissed.
Why does this law exist?
This law ensures that justice is served. It allows for a deeper look into cases where there might be a miscarriage of justice.
Real-life impact
If a case is dismissed, but there's suspicion of wrongdoing, this law allows for a new investigation. This helps to ensure that the right outcome is reached.
What happens if you break this law?
This section is about court procedure, not breaking the law. It deals with how higher courts can order further investigations.
💡 Real Life Example
Amit files a complaint, but it's dismissed by the lower court. The Sessions Judge reviews the case and orders a new investigation. This ensures that Amit's complaint is properly examined. Priya is accused of a crime and is discharged. The High Court orders a further inquiry if they find something amiss. This ensures a fair process.
🛡️ KNOW YOUR RIGHTS
- •Know that higher courts can order further inquiries.
- •Understand that you have the right to a fair investigation.
- •Seek legal help if you believe an inquiry is needed.
- •Ensure the court follows proper legal procedures.
❓ FREQUENTLY ASKED QUESTIONS
Section 398 of the CrPC allows the High Court or Sessions Judge to order a further investigation. This happens if they are not satisfied with the initial investigation or if a case was dismissed. This ensures that justice is served and allows for a deeper look into cases where there might be a miscarriage of justice.
Yes, if a further inquiry is ordered under Section 398, and new evidence emerges, a person who was previously discharged can be re-arrested. This is to ensure a thorough investigation and a fair trial.
Sources & References
📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library
⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice
📚 Act Reference: Code of Criminal Procedure, 1973
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.
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