सं Samvidhan

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 233

Procedure to be followed when there is a complaint case and police investigation in respect

Why this exists

This provision avoids two parallel proceedings on the same facts leading to conflicting outcomes or wasted judicial effort. It ensures that when both a private complaint and a police investigation touch the same alleged offence, they are eventually merged or reconciled sensibly, rather than running as separate, potentially contradictory cases.

Common misconceptions
  • Myth: A private complaint and a police investigation on the same matter will always be merged automatically.
    Fact: They are combined only if the police report leads the Magistrate to take cognizance against someone who is also accused in the complaint case; otherwise, the paused complaint case simply resumes on its own.