CS Executive · Jurisprudence, Interpretation and General Laws · Laws relating to Crime and its Procedure
Under Section 233(3) of the BNSS, 2023, in a stayed complaint case the police report does not relate to any accused in the complaint case. What is the consequence?
The Magistrate resumes and proceeds with the inquiry or trial that was stayed, in accordance with the provisions of the Sanhita. Section 233(3) applies when the police report does not relate to any accused in the complaint case, or when no cognizance is taken on the police report.
- AThe complaint case stands permanently closed
- BThe Magistrate must wait for a fresh police report naming the accused
- CThe Magistrate proceeds with the stayed inquiry or trial in accordance with the SanhitaCorrect
- DThe complaint case must be committed to the Court of Session
Explanation
Section 233(3) says that if the police report does not relate to any accused in the complaint case, or if the Magistrate does not take cognizance on the police report, the Magistrate proceeds with the stayed inquiry or trial under the Sanhita. Merging the cases under sub-section (2) applies only when cognizance is taken against an accused in the complaint case.
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