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CS Professional · Artificial Intelligence, Data Analytics and Cyber Security - Laws and Practice · Cyber Crimes and Investigation Procedures

Meera files a private complaint about a data breach, and during the Magistrate's inquiry it appears that police are already investigating the same offence. Under Section 233 of the BNSS, 2023, what must the Magistrate first do?

The Magistrate must stay the inquiry or trial in the complaint case and call for a report from the police officer conducting the investigation. If cognizance follows on the police report against the same accused, both cases are tried together as police-report cases.

  1. AConvict the accused on the complaint evidence alone
  2. BTransfer the case to the Sessions Court immediately
  3. CDismiss the complaint because police are investigating
  4. DStay the inquiry or trial and call for a report from the investigating police officerCorrect

Explanation

Section 233(1) directs the Magistrate to stay the proceedings and call for a report from the police officer investigating. If cognizance is later taken on the police report against an accused in the complaint case, both are tried together as if instituted on a police report. Dismissal is not provided for.

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