Chapter XVI
Section 210 CrPC: Procedure to be followed when there is a complaint case and police investigation in respect of the same offence
New Law Update (2024)
Section 236 BNSS
TRIAL COURT
Magistrate's Court
Punishment
Procedural – Cognizance
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(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 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.
Important Sub-Sections Explained
Section 210(1)
This sub-section mandates a Magistrate to pause any private complaint case (inquiry or trial) if it comes to their attention that the police are also investigating the same crime. The Magistrate must then request an official report from the police to understand the status of their investigation.
Section 210(2)
If the police report confirms the investigation and the Magistrate decides to take official notice (cognizance) of an offence against an accused person who is also involved in the private complaint, then both the private complaint case and the police case must be heard and tried together, as if the police had initiated both originally.
Landmark Judgements
Pramod Kumar Saxena v. Union of India (2008):
The Supreme Court clarified that Section 210 CrPC is a salutary provision aimed at preventing conflicting decisions and avoiding harassment to the accused by ensuring that both a private complaint and a police investigation regarding the same offence are dealt with together. The purpose is to streamline the judicial process where parallel proceedings exist.
S. V. Raju v. State of Karnataka (2012):
This judgment reinforced the mandatory nature of Section 210 CrPC. It held that once the Magistrate is apprised of a parallel police investigation pertaining to the same offence that is the subject of a complaint case, the Magistrate is bound to stay the proceedings and call for a police report, ensuring judicial efficiency and consistency.