Section 210 BNSS: Cognizance of offences by Magistrate
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 210 BNSS at a Glance
Section 210 BNSS deals with cognizance of offences by Magistrate. It replaced Section 190 CrPC on 1 July 2024.
Section 210 BNSS Bare Act Text
(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.
Source: Section 210, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 210 BNSS in Simple Words
Section 210 of the Bharatiya Nagarik Suraksha Sanhita, 2023 sets out which Magistrates may take cognizance of an offence and the bases for doing so.
Subject to the provisions of the Chapter, any Magistrate of the first class may take cognizance of any offence upon a complaint of facts, including a complaint by a person authorised under any special law, a police report submitted in any mode including electronic mode, information from any person other than a police officer, or his own knowledge.
A Magistrate of the second class may do so when specially empowered by the Chief Judicial Magistrate under Section 210(2) BNSS for offences within his competence to inquire into or try.
When Section 210 BNSS Applies
- 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.
- 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.
- 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.
- 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.
- 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.
Example of Section 210 BNSS
When Section 210 BNSS Does Not Apply
- Under the Bharatiya Nagarik Suraksha Sanhita, 2023, a Magistrate of the second class cannot take cognizance of an offence under Section 210(1) BNSS unless he is specially empowered in this behalf under Section 210(2) BNSS.
- Section 210(2) BNSS does not permit empowering a Magistrate of the second class to take cognizance of offences that are not within his competence to inquire into or try.
- A Magistrate cannot take cognizance upon a complaint under Section 210(1)(a) BNSS if the complaint does not state facts which constitute such offence.
- Cognizance under the information limb of Section 210(1)(c) BNSS does not apply where the information is received from a police officer rather than from any person other than a police officer.
Section 210 BNSS in the CrPC (Previous Law)
Section 210 BNSS replaced Section 190 CrPC from 1 July 2024.
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.
Each sub-section below names its own source.
FAQs on Section 210 BNSS
Which Magistrates have the power to take cognizance of an offence under Section 210 BNSS?▼
Any Magistrate of the first class may take cognizance of any offence under Section 210(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, subject to the provisions of the Chapter. A Magistrate of the second class may take cognizance under Section 210(1) BNSS only if specially empowered in this behalf by the Chief Judicial Magistrate under Section 210(2) BNSS, and only for such offences as are within his competence to inquire into or try.
Can a Magistrate take cognizance under Section 210 BNSS on a complaint filed under a special law?▼
Yes. Section 210(1)(a) BNSS expressly empowers a Magistrate of the first class, or a specially empowered Magistrate of the second class, to take cognizance of an offence upon receiving a complaint of facts, including any complaint filed by a person authorised under any special law, which constitutes such offence. This power remains subject to the provisions of the Chapter.
Does Section 210 BNSS allow a Magistrate to take cognizance upon an electronic police report?▼
Yes. Under Section 210(1)(b) BNSS, an empowered Magistrate may take cognizance of any offence upon a police report of facts that constitute the offence, and the provision explicitly states that the police report may be submitted in any mode including electronic mode. A physical report is not the only permitted mode under the Sanhita.
Can a Magistrate take cognizance under Section 210 BNSS without a complaint or a police report?▼
Yes. Under Section 210(1)(c) BNSS, a Magistrate of the first class, or a Magistrate of the second class specially empowered under Section 210(2) BNSS, 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.
What changed in Section 210 BNSS from 1 July 2024 compared to Section 190 CrPC?▼
From 1 July 2024, Section 210 BNSS replaced Section 190 of the Code of Criminal Procedure, 1973. Section 210(1)(a) BNSS expressly includes any complaint filed by a person authorised under any special law, and changes the verb constitute to constitutes. Section 210(1)(b) BNSS adds that a police report may be submitted in any mode including electronic mode. In the section heading, Magistrates becomes Magistrate. The rest of the rule in Section 210(1) BNSS and Section 210(2) BNSS is unchanged.
Section 210 BNSS: Sub-sections Explained
Section 210(1) BNSS: Cognizance of offences by Magistrates
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Bare Act Text
(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.
Section 210(2) BNSS: Cognizance of offences by Magistrates
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Bare Act Text
(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.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·