Section 233 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 233 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 establishes procedures for handling situations where a complaint case and a police investigation pertain to the same offence.
Text of Section 233
(1) Stay of Proceedings and Report Request
When a case is initiated otherwise than on a police report (referred to as a complaint case), and during the course of the inquiry or trial, it becomes apparent to the Magistrate that a police investigation is ongoing concerning the same offence, the Magistrate shall:
Stay the Proceedings: Pause the inquiry or trial of the complaint case.
Call for a Report: Request a report from the police officer conducting the investigation.
(2) Joint Inquiry or Trial
If the police officer submits a report under Section 193, and the Magistrate takes cognizance of any offence against any person who is an accused in the complaint case, the Magistrate shall:
Combine the Cases: Inquire into or try both the complaint case and the case arising from the police report together.
Unified Proceedings: Treat both cases as if they were instituted on a police report.
(3) Continuation of Complaint Case
If the police report does not pertain to any accused in the complaint case, or if the Magistrate does not take cognizance of any offence based on the police report, the Magistrate shall:
Proceed with Complaint Case: Continue the inquiry or trial of the complaint case that was previously stayed
Follow Standard Procedures: Proceed in accordance with the provisions of the BNSS.
Significance
Ensures Comprehensive Justice: By allowing the consolidation of cases, Section 233 ensures that all aspects of an offence are addressed in a single set of proceedings.
Prevents Duplication: The provision helps avoid multiple trials for the same offence, streamlining the judicial process.
Upholds Legal Efficiency: Facilitates a more efficient legal process by coordinating between complaint cases and police investigations.
This section corresponds to Section 210 of the Indian Penal Code, 1973, which deals with the procedure when there is a complaint case and a police investigation in respect of the same offence
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