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

Code of Criminal Procedure, 1973

Section 210 CrPC at a Glance

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

Now BNSS

Section 233 →

What Section 210 CrPC Says

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.

Source: Section 210, Code of Criminal Procedure, 1973

Section 210 CrPC in Simple Words

Section 210 of the Code of Criminal Procedure, 1973 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 210(1) CrPC stays the proceedings and calls for a police report. Section 210(2) CrPC covers a report made under Section 173 CrPC.

Section 210(3) CrPC covers a report that does not relate to any accused in the complaint case or on which cognizance is not taken.

When Section 210 CrPC Applies

  • 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.
  • 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 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.
  • 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.

Example of Section 210 CrPC

Meera files a complaint against Rohan, 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 210(1) CrPC, 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 173 CrPC, and the Magistrate takes cognizance of an offence against Rohan on it. Under Section 210(2) CrPC, 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 210 CrPC Does Not Apply

  • Section 210 CrPC 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 210 CrPC Under BNSS 233: What Changed

Section 210 CrPC is now covered under Section 233 BNSS.

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.

View detailed comparison (CrPC 210 vs BNSS 233) →

FAQs on Section 210 CrPC

What must a Magistrate do under Section 210(1) CrPC?▼

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 210(2) CrPC?▼

If a report is made under Section 173 CrPC 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 210(3) CrPC?▼

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 Code.

Where is Section 210 CrPC found in the BNSS from 1 July 2024?▼

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.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 20 Oct 2026 ·