of same offence.—(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.
Bharatiya Nagarik Suraksha Sanhita
Section 233
Procedure to be followed when there is a complaint case and police investigation in respect
⚡ Quick Answer Reference: Section 233 BNSS
- Provision: Section 233 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES
- Jurisdiction: India
- Summary: This section explains the procedure when a complaint case and a police investigation are about the same offence. The Magistrate must stay the complaint case proceedings if a police investigation is in progress and call for a report from the police.
What does Section 233 of BNSS say?
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What does Section 233 of BNSS mean?
Plain English Explanation
This section explains the procedure when a complaint case and a police investigation are about the same offence. The Magistrate must stay the complaint case proceedings if a police investigation is in progress and call for a report from the police.
Practical Interpretation
In practice, this section ensures that the Magistrate handles cases efficiently by either combining the complaint case with the police report case or proceeding with the complaint case if the police report does not relate to the accused.
Core Legal Purpose
The core purpose is to prevent duplicate proceedings and ensure that the Magistrate can make informed decisions by considering both the complaint and police investigation reports.
- •A complaint case instituted otherwise than on a police report
- •An ongoing police investigation in relation to the same offence
- •The Magistrate's decision to stay proceedings and call for a police report
- •The condition that the police report must relate to an accused in the complaint case for combined proceedings
Practical Example of Section 233 BNSS
Rajesh files a complaint against Amit for theft. Meanwhile, the police are investigating the same theft. The Magistrate stays the complaint case proceedings and asks for a police report. If the police report accuses Amit, the Magistrate will combine the cases. Otherwise, the Magistrate will proceed with the complaint case.
Frequently Asked Questions about Section 233 BNSS
Q: What is the punishment or consequence under Section 233 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to cases involving any accused, regardless of whether they are private individuals or public entities.
Q: Is an offence under this section bailable or cognizable?
This section does not classify an offence as bailable or cognizable; it deals with procedural aspects of handling complaint cases and police investigations.
Common Questions about Section 233 BNSS
What is Section 233 of BNSS?
Section 233 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Procedure to be followed when there is a complaint case and police investigation in respect". In plain terms: This section explains the procedure when a complaint case and a police investigation are about the same offence. The Magistrate must stay the complaint case proceedings if a police investigation is in progress and call for a report from the police.
What is the punishment under Section 233 of BNSS?
Section 233 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 233 of BNSS bailable or non-bailable?
Whether Section 233 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 233 of BNSS?
The essential elements of Section 233 of BNSS are: A complaint case instituted otherwise than on a police report; An ongoing police investigation in relation to the same offence; The Magistrate's decision to stay proceedings and call for a police report.
Landmark Judgments under Section 233 BNSS
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 233
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