Skip to content

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

Ramesh's complaint of cheating against Sunil is being tried by a Magistrate as a complaint case. During the trial, it appears to the Magistrate that police are investigating the same offence. What must the Magistrate do under the BNSS, 2023?

The Magistrate must stay the complaint-case proceedings and call for a report from the police officer conducting the investigation. This avoids parallel proceedings on the same offence until the police report is received.

  1. AContinue the trial and ignore the police investigation
  2. BDischarge Sunil immediately
  3. CStay the proceedings and call for a report from the investigating police officerCorrect
  4. DTransfer the complaint to the Sessions Court

Explanation

Section 233(1) provides that when it appears that a police investigation is in progress for the offence under inquiry or trial in a complaint case, the Magistrate shall stay the proceedings and call for a report from the investigating officer. Continuing the trial would contravene this mandatory step.

Did you get it right without looking?

One question tells you little. A timed set on Laws relating to Crime and its Procedure shows your real accuracy, how long you take and where you lose marks.

Practise Laws relating to Crime and its ProcedureFree diagnostic mock

More Laws relating to Crime and its Procedure questions