Procedure to be followed when there is a complaint case and policeinvestigation in respect of the same offence
Section 210 of the Code of Criminal Procedure, 1973 deals with procedure to be followed when there is a complaint case and policeinvestigation in respect of the same offence. Procedure to be followed when there is a complaint case and police investigation in respect of the same offence. The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
Procedure to be followed when there is a complaint case and police investigation in respect of the same offence.
(1) When in a case instituted otherwise than on a police report (hereinafter referred to as a complaint case), it is made to appear to the Magistrate, during the course of the inquiry or trial held by him, that an investigation by the police is in progress in relation to the offence which is the subject-matter of the inquiry or trial held by him, the Magistrate shall stay the proceedings of such inquiry or trial and call for a report on the matter from the police officer conducting the investigation.
(2) If a report is made by the investigating police officer under section 173 and on such report cognizance of any offence is taken by the Magistrate against any person who is an accused in the complaint case, the Magistrate shall inquire into or try together the complaint case and
1 Subs. by Act 45 of 1978, s. 19, for cl.
(a) (w.e.f. 18-12-1978).
the case arising out of the police report as if both the cases were instituted on a police report.
(3) If the police report does not relate to any accused in the complaint case or if the Magistrate does not take cognizance of any offence on the police report, he shall proceed with the inquiry or trial, which was stayed by him, in accordance with the provisions of this Code.
CHAP
THE CHARGE.
CHAPTER XVII
THE CHARGE
A.-Form of charges
Section 210, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 233 Procedure to be followed when there is a complaint case and police investigation in respect of same offence Text carried over almost unchanged 90%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Kalubhai Dulabhai Khachar vs State of Gujarat
Court's Decision & Legal Precedent
Where conduct constitutes an offence under both the Mines and Minerals (Development and Regulation) Act 1957 and the Indian Penal Code, the provisions of the MMDR Act do not impliedly or explicitly exclude prosecution under the IPC. Police can register FIR, investigate and submit charge sheets for theft of minerals under IPC Sections 378-379 based on discovery of unauthorized removal of minerals from government land. Magistrates can take cognizance of theft offences on police reports under Section 190(1)(d) CrPC without awaiting complaint from authorized MMDR officer. However, for offences constituting breach of mining lease or unauthorized mining specifically under MMDR Act Section 21, cognizance by Magistrate can only be taken upon complaint in writing by person authorized by Central or State Government as required by MMDR Act Section 22. These are distinct offences with different ingredients and prosecution for both does not violate Article 20(2) protection against double jeopardy provided person is not punished twice for identical offence. The Public Trust Doctrine establishes that natural resources are national assets requiring protection through multiple enforcement mechanisms. Police duty under Sections 149-152 CrPC to prevent cognizable offences includes authority and responsibility to investigate illegal mining even without prior authorization from mining authorities.
On this section: Discussed regarding stays of proceedings when parallel investigations ongoing
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Sushila Devi vs State of Rajasthan
Court's Decision & Legal Precedent
Once a charge-sheet is filed after completion of investigation by the investigating agency in the competent court, the process of monitoring by the Supreme Court for the purpose of ensuring the investigating agency's proper performance comes to an end. Thereafter, all matters relating to the trial of the accused, including matters falling within the scope of Section 173(8) of the Code of Criminal Procedure, shall be dealt with exclusively by the competent trial court. The Supreme Court shall not continue to monitor the trial phase, as the Constitution envisages an independent and impartial tribunal (the trial court) for dispute resolution, and judicial monitoring of the trial would constitute an improper interference with the trial court's inherent jurisdiction and discretionary authority. The remedy for any error committed by the trial court lies in appeal or judicial review, not in continued Supreme Court intervention.
On this section: Dismissal of complaints and related procedures
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Keki Hormusji Gharda vs Mehervan Rustom Irani
Court's Decision & Legal Precedent
In the absence of express statutory provision creating vicarious criminal liability, company directors and officers cannot be held criminally liable for actions of company employees or contractors merely by virtue of their positions in the company. Criminal liability requires direct overt acts, physical presence, or involvement by the accused. Allegations of instigating or managing affairs of a company do not, by themselves, constitute criminal wrongful restraint when the accused were not physically present at the site and no direct physical obstruction was caused by them. The Magistrate must carefully apply his mind to the facts and law before issuing summons, and must determine whether the allegations, even if taken to be correct, disclose a prima facie offence.
On this section: Consolidation of cases - Application under this section was allowed by the Magistrate on May 6, 2004, consolidating two cases arising from the same incident.
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Mohan Lal Jatia vs Registrar General
Court's Decision & Legal Precedent
A complaint filed by the Registrar General of the Supreme Court under Section 340 Cr.P.C. must be treated as if instituted on a police report in accordance with Section 343(1) Cr.P.C., notwithstanding the provisions of Chapter XV relating to complaint cases. Consequently, the trial shall proceed as a warrant trial case on a police report, and pre-charge evidence recording is not required when the investigating agency (CBI) has already completed its investigation and material is available on record. The procedure under Sections 245 and 246 Cr.P.C. (applicable to warrant trial cases on complaint) does not apply to such cases.
On this section: Relates to procedure when complaint case and police investigation exist for same offence; application filed by accused under this section
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 210
What have the courts held on Section 210 of the Code of Criminal Procedure?
Kalubhai Dulabhai Khachar vs State of Gujarat (04 Sep 2014) is the leading judgment on this section among those set out below: Discussed regarding stays of proceedings when parallel investigations ongoing. Another 3 judgments on this section are set out below, 3 of them from the Supreme Court. They run from 2009 to 2014.
How do I find court cases under Section 210 of the Code of Criminal Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CRPC 210, section 210 CRPC, section 210 of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 4 reported judgments on this section are set out on this page, beginning with Kalubhai Dulabhai Khachar vs State of Gujarat (04 Sep 2014).
What should I read with Section 210 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 173 (Report of police officer on completion of investigation), so none of them can safely be read on its own. For anything done on or after 1 July 2024 the provision to read is BNSS 233 (Procedure to be followed when there is a complaint case and police investigation in respect of same offence), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 210 of the Code of Criminal Procedure come into force?
Section 210 of the Code of Criminal Procedure, cited as CRPC 210, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 words
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