Section 210 BNSS: Cognizance of Offences by Magistrate
Section 210 of the Bharatiya Nagarik Suraksha Sanhita, 2023 sets out the principal statutory routes by which a Magistrate may take cognizance of an offence. It forms part of Chapter XV, dealing with conditions requisite for initiation of proceedings.
A Magistrate of the first class, and a Magistrate of the second class specially empowered for the purpose, may take cognizance upon a complaint of facts, upon a police report including one submitted electronically, or upon information from a person other than a police officer or the Magistrate's own knowledge.
Text of Section 210 BNSS
210. Cognizance of offences by Magistrate.
(1) Subject to the provisions of this Chapter, any Magistrate of the first class, and any Magistrate of the second class specially empowered in this behalf under sub-section (2), may take cognizance of any offence-
(a) upon receiving a complaint of facts, including any complaint filed by a person authorised under any special law, which constitutes such offence;
(b) upon a police report (submitted in any mode including electronic mode) of such facts;
(c) upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed.
(2) The Chief Judicial Magistrate may empower any Magistrate of the second class to take cognizance under sub-section (1) of such offences as are within his competence to inquire into or try.
What is "cognizance" of an offence?
In criminal procedure, taking cognizance generally refers to the stage at which a competent Court applies its judicial mind to an alleged offence for the purpose of proceeding under the criminal process. Section 210 identifies the sources on the basis of which a Magistrate may reach that stage. It should not be confused with conviction, framing of charge or a final finding on guilt.
Who may take cognizance under Section 210?
| Magistrate of the first class | May take cognizance subject to the provisions of Chapter XV. |
|---|---|
| Magistrate of the second class | May take cognizance only when specially empowered by the Chief Judicial Magistrate under Section 210(2), and only for offences within that Magistrate's competence to inquire into or try. |
| Chief Judicial Magistrate | May empower a Magistrate of the second class for the purposes stated in sub-section (2). |
Three ways cognizance may be taken under Section 210(1)
1. On a complaint of facts - Section 210(1)(a)
A Magistrate may take cognizance upon receiving a complaint containing facts that constitute an offence. The BNSS expressly includes a complaint filed by a person authorised under a special law. This makes clear that a statutorily authorised complainant under another enactment can invoke this route where the governing special law permits it.
2. On a police report - Section 210(1)(b)
Cognizance may be taken upon a police report setting out facts constituting an offence. The BNSS expressly states that such a police report may be submitted in any mode, including electronic mode. This language reflects the BNSS framework's increased recognition of electronic filing and electronic communication in criminal procedure.
3. On other information or the Magistrate's own knowledge - Section 210(1)(c)
A Magistrate may also take cognizance on information received from a person other than a police officer, or on the Magistrate's own knowledge that an offence has been committed.
Where cognizance is taken under clause (c), Section 211 BNSS provides an important procedural safeguard: before evidence is taken, the accused must be informed of the right to have the case inquired into or tried by another Magistrate, and if the accused objects, the case is to be transferred in accordance with that section.
Meaning of important expressions
Complaint
A complaint is an allegation made with a view to a Magistrate taking action under criminal procedure that a person has committed an offence. The precise statutory meaning of "complaint" is governed by the definitions and relevant procedural provisions of the BNSS.
Police report
A police report is the formal report submitted by the police in accordance with the BNSS after investigation. Section 210(1)(b) expressly recognises submission in any mode including electronic mode.
Special law
A special law is legislation dealing with a particular subject or class of offences and may prescribe who is authorised to initiate proceedings. Section 210(1)(a) expressly accommodates complaints filed by persons authorised under such laws.
Section 210 BNSS and former Section 190 CrPC
Section 210 BNSS broadly corresponds to Section 190 of the Code of Criminal Procedure, 1973. Two express features are particularly notable in the BNSS text: clause (a) refers to complaints filed by persons authorised under a special law, and clause (b) expressly recognises police reports submitted in electronic mode.
Section 210 must be read subject to the other provisions of Chapter XV and to any special statutory restrictions on cognizance, sanctions, authorised complainants or competent Courts. The fact that one of the routes in Section 210 is available does not override a separate statutory bar or precondition applicable to the particular offence.
Difference between cognizance and trial
Cognizance is an early judicial stage that precedes the full trial. A Magistrate taking cognizance does not thereby decide that the accused is guilty. Subsequent stages may include examination of a complainant where applicable, issue of process, supply of documents, consideration of discharge or charge, evidence, and trial according to the procedure governing the particular case.
Practical application of Section 210
- Identify whether the Magistrate is competent to take cognizance.
- Determine whether the matter reaches the Court through a complaint, police report, other information or the Magistrate's own knowledge.
- Check whether any special law controls who may file the complaint or imposes a sanction or other condition before cognizance.
- For police reports, electronic submission is expressly recognised by Section 210(1)(b).
- If cognizance is taken under Section 210(1)(c), also examine the transfer safeguard under Section 211 BNSS.
Commencement of the BNSS
The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023 and came into force on 1 July 2024, subject to the notified exception concerning the specified entry related to Section 106(2) in the First Schedule. Section 210 therefore forms part of the current criminal procedure framework for matters governed by the BNSS.
Frequently asked questions
Can a Magistrate take cognizance on a private complaint?
Yes. Section 210(1)(a) permits cognizance upon receiving a complaint of facts that constitute an offence, subject to the other applicable provisions of law.
Can a police report be filed electronically?
Yes. Section 210(1)(b) expressly provides for a police report submitted in any mode including electronic mode.
Can a second-class Magistrate take cognizance?
Yes, if the Chief Judicial Magistrate has specially empowered that Magistrate under Section 210(2) and the offence is within that Magistrate's competence to inquire into or try.
Does taking cognizance mean the accused has been found guilty?
No. Cognizance is an initiation-stage judicial act. Guilt or innocence is determined only through the later stages of criminal proceedings in accordance with law.
This page provides general statutory information. For an actual proceeding, the complete BNSS, applicable special law, notifications and current judicial decisions should be examined.