'X' files a private complaint in the Court of the Magistrate. During the course of the enquiry it…
Section 233 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly section 210 CrPC) addresses a complaint case alongside police investigation into the same offence. The…
Choose your answer
'X' files a private complaint in the Court of the Magistrate. During the course of the enquiry it transpires that the Police is also investigating into the same subject matter. Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the Magistrate in such a case shall:
Answer and explanation
Correct answer C
Section 233 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly section 210 CrPC) addresses a complaint case alongside police investigation into the same offence. The Magistrate must stay the complaint inquiry or trial and obtain a report from the investigating police officer. Merely asking for the report leaves out the required stay; dismissal of the complaint is not the prescribed initial response.
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