Procedure to be followed when there is a complaint case and police investigation in respect of same offence.
What this section does
When a complaint case is pending before a Magistrate and a parallel police investigation is discovered to be in progress for the same offence, the Magistrate must stay the complaint proceedings and call for a police report. If the police report leads to cognizance being taken against an accused in the complaint case, both cases are tried together as if instituted on a police report. If the police report does not implicate any accused in the complaint case or no cognizance is taken, the stayed complaint proceedings resume.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Procedure at a glance
- Key actors
- Magistrate · Police officer · Accused · Complainant
Derived from CrPC s.210.
Read the official text
For the binding statutory text of BNSS Section 233, refer to the Gazette of India or the India Code official website.
Why this matters
BNSS Section 233 forms part of Bharatiya Nagarik Suraksha Sanhita which replaced the Code of Criminal Procedure 1973 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.