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

Summary

If a magistrate is handling a private complaint case and learns that the police are also investigating the same offence, the magistrate must stop the proceedings and ask the police for a report. If the police report leads the magistrate to take up a case against someone who is already an accused in the complaint case, both cases will be combined and treated as if they both started from a police report. If the police report does not name any accused from the complaint case, or if the magistrate does not take up any case based on the police report, the magistrate will continue with the original complaint case.

Official Text

(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.

Related Judgments

• SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
• SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
• SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
• SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
• SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)
• .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
• SC (2025) Vol.2 p.424 — Supreme Court of India (2025)
• SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)

Old <-> New Code Mapping

• CrPC §210 — Procedure to be followed when there is a complaint case and police investigation in respect of same offence