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Section 210 — Procedure to be followed when there is a complaint case and police investigation in respect of the same offence
210
210
Procedure to be followed when there is a complaint case and police investigation in respect of the same offence
Code of Criminal Procedure, 1973
Chapter XVI Commencement of Proceedings before Magistrates
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Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 years
📅 Updated 2026-04-10📚 Source: The Gazette of India
ComplaintPolice InvestigationOverlapProcedure
🗣️ Simple Explanation
What does this law say? Section 210 of the CrPC explains what happens when a person files a complaint, and the police are also investigating the same issue.
Why does this law exist? It helps avoid confusion and ensures all evidence is considered. It ensures fairness.
Real-life impact If you file a complaint, and the police start investigating the same issue, the court might pause your case. The court will then consider the police report.
What happens if you break this law? This section doesn't define a crime. It outlines the procedure for handling overlapping cases. If the magistrate doesn't follow this, it can affect the trial's fairness.
💡 Real Life Example

Priya files a complaint about a UPI fraud. The police also investigate the same fraud. The court will likely consider the police report. Legal consequence: Both cases might be combined.

Rahul files a complaint about a road rage incident. The police investigate the same incident. The court will wait for the police report. Legal consequence: The court will decide how to proceed based on the police report.

🛡️ KNOW YOUR RIGHTS
  • •Know if the police are investigating your complaint.
  • •Understand how the court will handle both cases.
  • •Get a copy of the police report.
  • •Consult a lawyer for guidance.
  • •Seek legal aid if you cannot afford a lawyer.
❓ FREQUENTLY ASKED QUESTIONS
Section 210 of the CrPC deals with situations where both a private complaint and a police investigation exist for the same offense. If a person files a complaint, and the police are also investigating, the court will usually pause the complaint case. The court will then consider the police report to decide how to proceed. This helps avoid conflicting decisions.
If the police report doesn't involve the same accused, the court will continue with the original complaint case. This means the court will proceed with the trial based on the initial complaint. The police investigation will not directly affect the complaint case in this scenario. The court will follow the usual procedures.
Sources & References

📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library

⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice

📚 Act Reference: Code of Criminal Procedure, 1973

Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.

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