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

In a complaint case stayed under section 233 of the BNSS, 2023, the police report is received but the Magistrate does not take cognizance of any offence on it. What follows?

The Magistrate resumes and proceeds with the inquiry or trial that was stayed, in accordance with the Sanhita. Joint trial applies only when cognizance is taken on the police report against an accused in the complaint case.

  1. AThe complaint case stands permanently closed
  2. BThe Magistrate must wait for a fresh police report
  3. CThe Magistrate proceeds with the stayed inquiry or trial in accordance with the SanhitaCorrect
  4. DThe complaint case is merged into the police case and tried as a police report case

Explanation

Section 233(3) states that if the police report does not relate to any accused in the complaint case, or the Magistrate does not take cognizance on the police report, he proceeds with the stayed inquiry or trial. Merger and joint trial under sub-section (2) apply only when cognizance is taken against a common accused.

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