CrPC 190→BNSS 210

CrPC 190 to BNSS 210: Cognizance of offences by Magistrates

Section 190 CrPC (1973) replaced by Section 210 BNSS (2023)

View CrPC Section 190 →View BNSS Section 210 →

CrPC 190 to BNSS 210 at a Glance

Section 190 CrPC (Cognizance of offences by Magistrates) is now Section 210 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 190 to BNSS 210?

Section 190 of the Code of Criminal Procedure, 1973 is renumbered as Section 210 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and the heading changes from Magistrates to Magistrate as changes of form. Section 210(1)(a) BNSS expressly adds to the complaint clause any complaint filed by a person authorised under any special law, with a grammatical change of form from constitute to constitutes. Section 210(1)(b) BNSS adds that a police report may be submitted in any mode including electronic mode. Which Magistrates may take cognizance, Section 210(1)(c) BNSS, and Section 210(2) BNSS are unchanged.

CrPC 190 vs BNSS 210: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section190210
HeadingCognizance of offences by MagistratesCognizance of offences by Magistrate
Sub-sections2 sub-sectionsSame

CrPC 190 and BNSS 210: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 190, CrPC 1973

190. Cognizance of offences by Magistrates.—(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 which constitute such offence; (b) upon a police report 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.
BNSS 2023 (in force)

Section 210, BNSS 2023

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.

When It Applies: CrPC 190 vs BNSS 210

Under CrPC 190
  1. Under the Code of Criminal Procedure, 1973, any Magistrate of the first class, or a Magistrate of the second class who is specially empowered under Section 190(2) CrPC, may take cognizance of any offence, subject to the other rules in the Chapter.
  2. An empowered Magistrate may take cognizance under Section 190(1)(a) CrPC when presented with a complaint setting out facts which constitute such offence.
  3. A Magistrate may take cognizance under Section 190(1)(b) CrPC when the police submit a police report stating facts that make out the offence.
  4. A Magistrate may take cognizance under Section 190(1)(c) CrPC on the basis of information from any person other than a police officer, or from his own knowledge, that such offence has been committed.
  5. The Chief Judicial Magistrate may authorise any Magistrate of the second class under Section 190(2) CrPC to take cognizance of offences that fall within his competence to inquire into or try.
Under BNSS 210
  1. Under the Bharatiya Nagarik Suraksha Sanhita, 2023, any Magistrate of the first class, or any Magistrate of the second class specially empowered under Section 210(2) BNSS, may take cognizance of any offence, subject to the provisions of the Chapter.
  2. An empowered Magistrate may take cognizance under Section 210(1)(a) BNSS upon receiving a complaint of facts which constitutes such offence, including a complaint filed by a person authorised under any special law.
  3. A Magistrate may take cognizance under Section 210(1)(b) BNSS upon a police report of facts constituting the offence, whether submitted in electronic mode or any other mode.
  4. A Magistrate may take cognizance under Section 210(1)(c) BNSS upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed.
  5. The Chief Judicial Magistrate may empower any Magistrate of the second class under Section 210(2) BNSS to take cognizance under Section 210(1) BNSS of offences that are within his competence to inquire into or try.

What CrPC 190 to BNSS 210 Means in Practice

Under Section 210 of the Bharatiya Nagarik Suraksha Sanhita, 2023, replacing Section 190 of the Code of Criminal Procedure, 1973 from 1 July 2024, a Magistrate taking cognizance under Section 210(1)(a) BNSS has express statutory authority in the Sanhita to act on a complaint filed by a person authorised under any special law. Under Section 210(1)(b) BNSS, the Magistrate may also take cognizance upon a police report submitted in electronic mode.

FAQs: CrPC 190 to BNSS 210

How does Section 210(1)(a) BNSS change the rule on complaints compared to Section 190(1)(a) CrPC?▼

Section 190(1)(a) of the Code of Criminal Procedure, 1973 allowed a Magistrate to take cognizance upon receiving a complaint of facts which constitute such offence. Section 210(1)(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023 keeps this rule and expressly adds that the complaint of facts includes any complaint filed by a person authorised under any special law. It also makes a grammatical change of form from constitute to constitutes.

What changed regarding police reports between Section 190(1)(b) CrPC and Section 210(1)(b) BNSS?▼

Section 190(1)(b) CrPC empowered a Magistrate to take cognizance of an offence upon a police report of facts constituting the offence, without specifying the mode of submission. Section 210(1)(b) BNSS retains the power to take cognizance upon a police report of such facts and expressly adds that the police report may be submitted in any mode including electronic mode.

Did the power of a Magistrate of the second class to take cognizance change from Section 190 CrPC to Section 210 BNSS?▼

No. The rule is unchanged. Under both Section 190(1) CrPC and Section 190(2) CrPC and Section 210(1) BNSS and Section 210(2) BNSS, a Magistrate of the second class may take cognizance of an offence only if specially empowered in this behalf by the Chief Judicial Magistrate, and only for such offences as are within his competence to inquire into or try.

Did Section 210(1)(c) BNSS change the rule on taking cognizance upon information or personal knowledge?▼

No. The wording and legal test in Section 210(1)(c) BNSS are identical to Section 190(1)(c) CrPC. Under both provisions, an empowered Magistrate may take cognizance of an offence upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·