Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 233
Code: Section 233, Bharatiya Nagarik Suraksha Sanhita (BNSS) – ‘233
Explanation:
Section 233 of the BNSS deals with the situation where a case is initiated based on a complaint (not a police report) and the police subsequently begin an investigation into the same offense. It outlines the procedure to be followed by the Magistrate in such a scenario.
Sub-sections:
- Sub-section (1): If the Magistrate, during the inquiry or trial of a complaint case, discovers that a police investigation is underway regarding the same offense, they are mandated to stay the proceedings. The Magistrate must then request a report on the investigation from the investigating police officer.
- Sub-section (2): If the investigating officer submits a report under Section 193, and the Magistrate takes cognizance of an offense against an accused in the complaint case based on that report, the Magistrate must merge the complaint case with the police report case. This means both cases will be treated as if they originated from a police report, and the Magistrate will proceed with the combined inquiry or trial.
- Sub-section (3): If the police report does not involve any of the accused in the complaint case or if the Magistrate does not take cognizance of any offense based on the police report, they must resume the inquiry or trial of the complaint case, which was previously stayed, according to the provisions of the BNSS.
Illustration:
Imagine a case where a person files a complaint against another for theft. The Magistrate begins the inquiry. During the inquiry, the Magistrate discovers that the police are also investigating the same theft incident based on a separate report. In this scenario, the Magistrate would apply Section 233:
- The Magistrate would stay the proceedings of the complaint case.
- The Magistrate would request a report from the police on their investigation.
- If the police report identifies the accused in the complaint case and the Magistrate takes cognizance of the offense based on the police report, the two cases would be merged and tried together.
Common Questions and Answers:
Q: Can a Magistrate continue with a complaint case if the police are also investigating the same offense?
A: No, the Magistrate must stay the proceedings of the complaint case if a police investigation is ongoing. This is mandated by Section 233(1).
Q: What happens if the police report does not involve any accused in the complaint case?
A: In this situation, the Magistrate can resume the inquiry or trial of the complaint case as per Section 233(3).
Q: When are complaint cases and police report cases tried together?
A: This happens when the police report identifies the accused in the complaint case and the Magistrate takes cognizance of the offense based on the police report, as per Section 233(2).
