Section 190 CrPC: Cognizance of offences by Magistrates

Code of Criminal Procedure, 1973

Section 190 CrPC at a Glance

Section 190 CrPC deals with cognizance of offences by Magistrates. From 1 July 2024 it is replaced by Section 210 BNSS.

Now BNSS

Section 210 →

What Section 190 CrPC Says

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.

Source: Section 190, Code of Criminal Procedure, 1973

Section 190 CrPC in Simple Words

Section 190 of the Code of Criminal Procedure, 1973 sets out which Magistrates have the power to take cognizance of an offence and the sources on which they may act.

Subject to the provisions of the Chapter, any Magistrate of the first class may take cognizance of any offence upon a complaint of facts constituting the offence, a police report of such facts, 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 190(2) CrPC for offences within his competence to inquire into or try.

When Section 190 CrPC Applies

  • 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.
  • An empowered Magistrate may take cognizance under Section 190(1)(a) CrPC when presented with a complaint setting out facts which constitute such offence.
  • 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.
  • 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.
  • 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.

Example of Section 190 CrPC

Ramesh files a complaint before Meera, a Magistrate of the second class, setting out facts that constitute an offence within her competence to try. Under Section 190 of the Code of Criminal Procedure, 1973, Meera checks whether she has authority to take cognizance of the offence. The Chief Judicial Magistrate has already specially empowered Meera under Section 190(2) CrPC to take cognizance of offences that are within her competence to inquire into or try. Because the offence is within her competence and she has received a complaint of facts which constitute such offence, Meera may validly take cognizance of the offence under Section 190(1)(a) CrPC.

When Section 190 CrPC Does Not Apply

  • Under the Code of Criminal Procedure, 1973, a Magistrate of the second class cannot take cognizance of an offence under Section 190(1) CrPC if he has not been specially empowered in this behalf under Section 190(2) CrPC.
  • Section 190(2) CrPC does not allow a Magistrate of the second class to be empowered 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 190(1)(a) CrPC if the complaint does not state facts which constitute such offence.
  • Cognizance under the information limb of Section 190(1)(c) CrPC is not available where the information is received from a police officer rather than from any person other than a police officer.

Section 190 CrPC Under BNSS 210: What Changed

Section 190 CrPC is now covered under Section 210 BNSS.

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.

View detailed comparison (CrPC 190 vs BNSS 210) →

FAQs on Section 190 CrPC

Which Magistrates may take cognizance of an offence under Section 190 CrPC?▼

Any Magistrate of the first class may take cognizance of any offence under Section 190(1) of the Code of Criminal Procedure, 1973, subject to the provisions of the Chapter. A Magistrate of the second class may take cognizance under Section 190(1) CrPC only when specially empowered in this behalf by the Chief Judicial Magistrate under Section 190(2) CrPC, and only for offences within his competence to inquire into or try.

On what bases may a Magistrate take cognizance of an offence under Section 190(1) CrPC?▼

A qualified Magistrate may take cognizance of any offence under Section 190(1) CrPC on any of the bases listed in its clauses. Specifically, the Magistrate may act upon receiving a complaint of facts which constitute such offence under Section 190(1)(a) CrPC, upon a police report of such facts under Section 190(1)(b) CrPC, or upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed under Section 190(1)(c) CrPC.

How can a Magistrate of the second class be authorised to take cognizance under Section 190 CrPC?▼

The Chief Judicial Magistrate may specially empower any Magistrate of the second class under Section 190(2) CrPC to take cognizance of offences under Section 190(1) CrPC. However, this empowerment is restricted by the competence of that Magistrate. A Magistrate of the second class may only be empowered to take cognizance of such offences as are within his competence to inquire into or try under the Code.

Can a Magistrate take cognizance under Section 190 CrPC without a complaint or a police report?▼

Yes. Even without a complaint under Section 190(1)(a) CrPC or a police report under Section 190(1)(b) CrPC, a Magistrate of the first class or a specially empowered Magistrate of the second class may take cognizance under Section 190(1)(c) CrPC. Under that clause, the Magistrate may take cognizance upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed.

Where is Section 190 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

The Code of Criminal Procedure, 1973 stood in force until 30 June 2024 and was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. From 1 July 2024, Section 190 CrPC is found in Section 210 BNSS, and Section 190(2) CrPC on empowering a Magistrate of the second class is found in Section 210(2) BNSS.

Have questions about Section 190 CrPC?

Ask NyayGuru for a plain language explanation, or how it applies to your situation.

Ask NyayGuru →

Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 21 Oct 2026 ·