CrPC 210→BNSS 233

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

Section 210 CrPC (1973) replaced by Section 233 BNSS (2023)

View CrPC Section 210 →View BNSS Section 233 →

CrPC 210 to BNSS 233 at a Glance

Section 210 CrPC (Procedure to be followed when there is a complaint case and police investigation in respect of the same offence) is now Section 233 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 210 to BNSS 233?

Section 210 CrPC is found in Section 233 BNSS from 1 July 2024. The text is the same except for the cross-references. Section 233(2) BNSS refers to Section 193 BNSS where Section 210(2) CrPC referred to Section 173 CrPC, and Section 233(3) BNSS refers to this Sanhita where Section 210(3) CrPC referred to this Code. The heading omits the word the before same offence.

CrPC 210 vs BNSS 233: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section210233
HeadingProcedure to be followed when there is a complaint case and police investigation in respect of the same offenceProcedure to be followed when there is a complaint case and police investigation in respect of same offence
Sub-sections3 sub-sectionsSame
Cross-referencess.173s.193

CrPC 210 and BNSS 233: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 210, CrPC 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 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.
BNSS 2023 (in force)

Section 233, BNSS 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.

When It Applies: CrPC 210 vs BNSS 233

Under CrPC 210
  1. Section 210(1) CrPC applies when it is made to appear to the Magistrate, during the inquiry or trial, that a police investigation is in progress in relation to the offence which is the subject-matter of the inquiry or trial.
  2. The Magistrate shall stay the proceedings of the inquiry or trial and call for a report on the matter from the police officer conducting the investigation.
  3. Under Section 210(2) CrPC, if cognizance of any offence is taken on the report under Section 173 CrPC 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.
  4. Under Section 210(3) CrPC, the Magistrate shall proceed with the stayed inquiry or trial 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.
Under BNSS 233
  1. Section 233(1) BNSS applies when it is made to appear to the Magistrate, during the inquiry or trial, that a police investigation is in progress in relation to the offence which is the subject-matter of the inquiry or trial.
  2. The Magistrate shall stay the proceedings of the inquiry or trial and call for a report on the matter from the police officer conducting the investigation.
  3. Under Section 233(2) BNSS, if cognizance of any offence is taken on the report under Section 193 BNSS 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.
  4. Under Section 233(3) BNSS, the Magistrate shall proceed with the stayed inquiry or trial 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.

What CrPC 210 to BNSS 233 Means in Practice

From 1 July 2024, the words on staying a complaint case while a police investigation is in progress are read in Section 233 BNSS. The police report is the report under Section 193 BNSS.

FAQs: CrPC 210 to BNSS 233

Which BNSS section replaces Section 210 CrPC?▼

Section 210(1) CrPC is found in Section 233(1) BNSS, Section 210(2) CrPC in Section 233(2) BNSS and Section 210(3) CrPC in Section 233(3) BNSS.

Which report does Section 233(2) BNSS refer to?▼

Section 233(2) BNSS refers to a report under Section 193 BNSS. Section 210(2) CrPC referred to a report under Section 173 CrPC.

Is Section 233(1) BNSS different from Section 210(1) CrPC?▼

Section 233(1) BNSS is in the same words as Section 210(1) CrPC.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 20 Oct 2026 ·