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

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 233 BNSS at a Glance

Section 233 BNSS deals with procedure to be followed when there is a complaint case and police investigation in respect of same offence. It replaced Section 210 CrPC on 1 July 2024.

Was CrPC

Section 210 →

Section 233 BNSS Bare Act Text

(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.

Source: Section 233, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 233 BNSS in Simple Words

Section 233 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has sub-sections 1, 2 and 3. They cover a complaint case, meaning a case instituted otherwise than on a police report, where a police investigation is in progress in relation to the offence which is the subject-matter of the inquiry or trial.

Section 233(1) BNSS stays the proceedings and calls for a police report. Section 233(2) BNSS covers a report made under Section 193 BNSS.

Section 233(3) BNSS covers a report that does not relate to any accused in the complaint case or on which cognizance is not taken.

When Section 233 BNSS Applies

  • 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.
  • 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.
  • 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.
  • 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.

Example of Section 233 BNSS

Anita files a complaint against Vikram, and a Magistrate begins an inquiry. During the inquiry it is made to appear to the Magistrate that a police investigation is in progress in relation to the same offence. Under Section 233(1) BNSS, the Magistrate stays the proceedings and calls for a report from the police officer conducting the investigation. The police officer makes a report under Section 193 BNSS, and the Magistrate takes cognizance of an offence against Vikram on it. Under Section 233(2) BNSS, the Magistrate inquires into or tries together the complaint case and the case arising out of the police report as if both were instituted on a police report.

When Section 233 BNSS Does Not Apply

  • Section 233 BNSS speaks of a case instituted otherwise than on a police report. It does not deal with the stay of a case instituted on a police report.

Section 233 BNSS in the CrPC (Previous Law)

Section 233 BNSS replaced Section 210 CrPC from 1 July 2024.

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.

Each sub-section below names its own source.

FAQs on Section 233 BNSS

What must a Magistrate do under Section 233(1) BNSS?▼

When it is made to appear to the Magistrate, during the inquiry or trial of a complaint case, that a police investigation is in progress in relation to the offence which is the subject-matter, the Magistrate shall stay the proceedings and call for a report on the matter from the police officer conducting the investigation.

What happens under Section 233(2) BNSS?▼

If a report is made under Section 193 BNSS and cognizance of any offence is taken on it 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.

When does the Magistrate proceed with the stayed case under Section 233(3) BNSS?▼

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 Magistrate shall proceed with the inquiry or trial which was stayed, in accordance with the provisions of the Sanhita.

What changed from Section 210 CrPC to Section 233 BNSS from 1 July 2024?▼

Section 233 BNSS has the same text as Section 210 CrPC, with renumbered 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 reads in respect of same offence where the CrPC heading read in respect of the same offence.

Section 233 BNSS: Sub-sections Explained

Section 233(1) BNSS: Procedure to be followed when there is a complaint case and police investigation in respect of the same offence

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Bare Act Text

(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.

Previous Law

CrPC 210 → Section 233(1) BNSS

Section 233(2) BNSS: Procedure to be followed when there is a complaint case and police investigation in respect of the same offence

▶

Bare Act Text

(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.

Previous Law

CrPC 210(2) → Section 233(2) BNSS

Section 233(3) BNSS: Procedure to be followed when there is a complaint case and police investigation in respect of the same offence

▶

Bare Act Text

(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.

Previous Law

CrPC 210(3) → Section 233(3) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 20 Oct 2026 ·