Bharatiya Nagarik Suraksha Sanhita, 2023
Section 233
Procedure to be followed when there is a complaint case and police investigation in respect
(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.
A.—Form of charges
Why this exists
This provision avoids two parallel proceedings on the same facts leading to conflicting outcomes or wasted judicial effort. It ensures that when both a private complaint and a police investigation touch the same alleged offence, they are eventually merged or reconciled sensibly, rather than running as separate, potentially contradictory cases.
Common misconceptions
- Myth: A private complaint and a police investigation on the same matter will always be merged automatically.
Fact: They are combined only if the police report leads the Magistrate to take cognizance against someone who is also accused in the complaint case; otherwise, the paused complaint case simply resumes on its own.