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A Magistrate takes cognizance of an offence on a police report against a person who is also an accused…

Section 233(2) requires the Magistrate to inquire into or try the cases together as if both had been instituted on a police report. If cognizance on the report does not…

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A Magistrate takes cognizance of an offence on a police report against a person who is also an accused in the related complaint case. The cases are to be tried together under section 233(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Which procedure applies?

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Answer and explanation

Correct answer B

Section 233(2) requires the Magistrate to inquire into or try the cases together as if both had been instituted on a police report. If cognizance on the report does not concern a person accused in the complaint case, or if cognizance is not taken, section 233(3) governs resumption of the complaint case.

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Option A

Section 233(2) prescribes the police-report procedure for both cases.

Option B

The subsection expressly treats both cases as instituted on a police report for this joint inquiry or trial.

Option C

The subsection supplies a single statutory procedure.

Option D

The procedure is fixed by statute once the conditions are met.

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