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CHAPTER XVII COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES

Section 233: Procedure to be followed when there is a complaint case and police investigation in respect of same offence

The Bharatiya Nagarik Suraksha Sanhita, 2023

(1) When in a case instituted otherwise than on a police report (hereinafter referred to as a complaint case), it is made to appear to the Magistrate, during the course of the inquiry or trial held by him, that an investigation by the police is in progress in relation to the offence which is the subject-matter of the inquiry or trial held by him, the Magistrate shall stay the proceedings of such inquiry or trial and call for a report on the matter from the police officer conducting the investigation.

(2) If a report is made by the investigating police officer under section 193 and on such report cognizance of any offence is taken by the Magistrate against any person who is an accused in the complaint case, the Magistrate shall inquire into or try together the complaint case and the case arising out of the police report as if both the cases were instituted on a police report.

(3) If the police report does not relate to any accused in the complaint case or if the Magistrate does not take cognizance of any offence on the police report, he shall proceed with the inquiry or trial, which was stayed by him, in accordance with the provisions of this Sanhita.

Corresponding CrPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Questions on this section

1 question in 7 of our papers cite Section 233. Try these from the free papers:

  1. 1. During the inquiry in a complaint case against P, the Magistrate learns that a police investigation is in progress in relation to the same offence. He stays the proceedings and calls for a report. The investigating officer then submits a report under Section 193 of the BNSS, and the Magistrate takes cognizance on it against P. Under Section 233 of the BNSS, the Magistrate shall:

Practise questions on Bharatiya Nagarik Suraksha Sanhita