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CS Executive · Jurisprudence, Interpretation and General Laws · Laws relating to Crime and its Procedure

During the trial of a complaint case (a case instituted otherwise than on a police report), the Magistrate learns that the police are investigating the same offence. Under Section 233 of the Bharatiya Nagarik Suraksha Sanhita, 2023, what must the Magistrate do first?

The Magistrate must stay the inquiry or trial and call for a report on the matter from the police officer conducting the investigation. Section 233(1) prescribes this step when the Magistrate finds that a police investigation into the same offence is in progress during a complaint case.

  1. AStay the inquiry or trial and call for a report from the investigating police officerCorrect
  2. BDismiss the complaint at once because the police are investigating
  3. CContinue the trial and ignore the police investigation
  4. DTransfer the complaint to the police for registration of an FIR and close the case

Explanation

Section 233(1) requires the Magistrate to stay the proceedings of the inquiry or trial and call for a report from the police officer conducting the investigation. The Magistrate has no power under this provision to dismiss the complaint or to carry on regardless of the parallel investigation.

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