CODE OF CRIMINAL PROCEDURE, 1973
BHARATIYA NAGARIK SURAKSHA SANHITA, 2023
210. Procedure to be followed when there is a complaint case and police investigation in respect
233. Procedure to be followed when there is a complaint case and police investigation in respect
changed or removed in old law
changed or added in new law
Similar wording stays plain; only differences are highlighted.
CODE OF CRIMINAL PROCEDURE, 1973
210. Procedure to be followed when there is a complaint case and police investigation in respect
of the 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 173 and on such report
1. Subs. by Act 45 of 1978, s. 19, for clause (a) (w.e.f. 18-12-1978).
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 Code.
CHAPTER XVII
THE CHARGE
A.—Form of charges
Legacy / repealed by BNSS India Code — CrPC 1973
BHARATIYA NAGARIK SURAKSHA SANHITA, 2023
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.
CHAPTER XVIII
THE CHARGE
A.—Form of charges
Current law India Code — BNSS 2023