Bharatiya Nagarik Suraksha Sanhita, 2023
Section 233 BNSS - Complaint Case and Police Investigation in Respect of the Same Offence
Section 233 of the Bharatiya Nagarik Suraksha Sanhita, 2023 lays down the procedure where a complaint case is already before a Magistrate and, during that inquiry or trial, it appears that the police are also investigating the same offence. The section prevents parallel proceedings from moving independently in a manner that may cause inconsistency or duplication.
The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act 46 of 2023 and came into force on 1 July 2024, subject to the notified exception concerning the First Schedule entry relating to section 106(2) of the Bharatiya Nyaya Sanhita, 2023.
Text of Section 233 BNSS
233. Procedure to be followed when there is a complaint case and police investigation in respect 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.
Meaning of Section 233 BNSS
Section 233 addresses a specific overlap: a private complaint is already being inquired into or tried by the Magistrate, while the police are investigating the same offence. Once that situation is brought to the Magistrate's notice, the complaint proceeding must be stayed and a report must be called for from the investigating police officer.
What Is a Complaint Case for Section 233?
For the purpose of Section 233, a complaint case means a case instituted otherwise than on a police report. The expression is used in sub-section (1) itself and distinguishes such proceedings from a case that originates from a police report under the investigation provisions of the BNSS.
Stage One: Stay of Complaint Proceedings
Stage Two: Police Report Under Section 193 BNSS
Sub-section (2) refers to a report made by the investigating police officer under Section 193 BNSS. Section 193 deals with the police report on completion of investigation and the material to be forwarded to the Magistrate.
If, on that police report, the Magistrate takes cognizance of an offence against a person who is also an accused in the complaint case, the Magistrate must deal with the two proceedings together.
Joint Inquiry or Trial
Where the conditions in Section 233(2) are met, the complaint case and the case arising out of the police report are to be inquired into or tried together as if both had been instituted on a police report.
This mechanism brings the overlapping proceedings into one procedural track and reduces the risk of inconsistent findings arising from separate proceedings concerning the same offence and the same accused.
When the Complaint Case Resumes Separately
Section 233(3) provides the alternative. 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, the complaint inquiry or trial that had been stayed must resume in accordance with the BNSS.
Relationship With Section 193 BNSS
Section 193 is central to Section 233 because the Magistrate's next step depends on the police report produced after investigation. The Magistrate must examine whether that report concerns an accused already facing the complaint case and whether cognizance is taken on the police report.
Relationship With Sections 232 and 234 BNSS
Section 232 BNSS deals with commitment of an exclusively Sessions-triable case to the Court of Session. Section 233 then deals with the different procedural problem of a complaint case overlapping with a police investigation into the same offence.
Section 234 BNSS begins the provisions dealing with the contents of a charge. Once the case proceeds to the appropriate trial stage, the charge provisions apply according to the nature of the proceeding and the competent Court.
Corresponding Provision Under the CrPC
Section 233 BNSS broadly corresponds to Section 210 of the Code of Criminal Procedure, 1973, which prescribed the procedure where a complaint case and a police investigation concerned the same offence.
Key Points Under Section 233
- The section applies to a complaint case instituted otherwise than on a police report.
- A police investigation must be in progress concerning the same offence.
- The overlap must come to the notice of the Magistrate during the inquiry or trial.
- The Magistrate must stay the complaint inquiry or trial and call for a police report.
- If a Section 193 police report leads to cognizance against a person already accused in the complaint case, both matters are dealt with together.
- The combined proceeding is treated as if both cases had been instituted on a police report.
- If the police report concerns no accused in the complaint case, or cognizance is not taken on the report, the stayed complaint proceeding resumes.