Section 233 BNSS: Procedure to be followed when there is a complaint case and police investigation in respect of same offence (Formerly Section 210 CrPC)

Section 233 of Bharatiya Nagarik Suraksha Sanhita, 2023: Procedure to be followed when there is a complaint case and police investigation in respect of same offence

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 233

Section 233 prescribes the procedure to be followed when there is a complaint case and a police investigation in respect of the same offence, mandating stay of the complaint inquiry and joint trial of both cases (replacing Section 210 CrPC).

Simultaneous Proceedings: A private complaint is filed and a police investigation is simultaneously ongoing regarding the same offence.
Mandatory Stay of Complaint: Magistrate MUST stay the proceedings on the complaint and call for a report from the investigating police officer.
Joint Trial of Merged Cases: If police file a charge sheet, both cases are tried together as if instituted on a police report; if police report no offence, magistrate resumes the complaint inquiry.

Key Landmark Precedents:

Pal v. Sunderlal (1991) 4 SCC 412: The Supreme Court held that the object of Section 210 CrPC (Section 233 BNSS) is to prevent harassment of the accused by parallel conflicting proceedings and conflicting judicial verdicts; consolidation is mandatory.
State of Bihar v. J.A.C. Saldanha (1980) 1 SCC 554: Affirmed that police investigation takes primacy over private complaints during the preliminary stage.
Dilawar Singh v. State of Delhi (2007) 12 SCC 641: Reaffirmed the mandatory procedure for staying complaint proceedings pending submission of the police report.

Courtroom Practice & Strategic Litigation Guidance:

If an adversary files a private complaint against your client while a police investigation is already pending on the same dispute, file an application under Section 233 BNSS. The magistrate is legally bound to stay the private complaint immediately.