Section 201 CrPC: Procedure by Magistrate not competent to take cognizance of the case

Code of Criminal Procedure, 1973

Section 201 CrPC at a Glance

Section 201 CrPC deals with procedure by Magistrate not competent to take cognizance of the case. From 1 July 2024 it is replaced by Section 224 BNSS.

Now BNSS

Section 224 →

What Section 201 CrPC Says

201. Procedure by Magistrate not competent to take cognizance of the case

If the complaint is made to a Magistrate who is not competent to take cognizance of the offence, he shall,—

(a) if the complaint is in writing, return it for presentation to the proper Court with an endorsement to that effect;

(b) if the complaint is not in writing, direct the complainant to the proper Court.

Source: Section 201, Code of Criminal Procedure, 1973

Section 201 CrPC in Simple Words

Section 201 of the Code of Criminal Procedure, 1973 covers a complaint made to a Magistrate who is not competent to take cognizance of the offence. If the complaint is in writing, the Magistrate shall return it for presentation to the proper Court with an endorsement to that effect. If the complaint is not in writing, the Magistrate shall direct the complainant to the proper Court.

When Section 201 CrPC Applies

  • The rule is addressed to a Magistrate to whom a complaint is made and who is not competent to take cognizance of the offence.
  • A complaint in writing is returned for presentation to the proper Court with an endorsement to that effect.
  • For a complaint that is not in writing, the Magistrate shall direct the complainant to the proper Court.

Example of Section 201 CrPC

Meera hands a complaint in writing to a Magistrate who is not competent to take cognizance of the offence. Under Section 201 CrPC, the Magistrate returns the complaint to Meera for presentation to the proper Court with an endorsement to that effect. Suresh makes a complaint that is not in writing to the same Magistrate. The Magistrate directs Suresh to the proper Court.

When Section 201 CrPC Does Not Apply

  • Section 201 CrPC speaks of returning a complaint or directing the complainant to the proper Court. It does not deal with the dismissal of a complaint, which is the subject of Section 203 CrPC.

Section 201 CrPC Under BNSS 224: What Changed

Section 201 CrPC is now covered under Section 224 BNSS.

Section 201 CrPC is found in Section 224 BNSS from 1 July 2024. The text is the same. The heading of Section 224 BNSS omits the word the before case, which the heading of Section 201 CrPC has.

View detailed comparison (CrPC 201 vs BNSS 224) →

FAQs on Section 201 CrPC

What does a Magistrate do with a complaint in writing under Section 201 CrPC?▼

If the Magistrate is not competent to take cognizance of the offence and the complaint is in writing, the Magistrate shall return it for presentation to the proper Court with an endorsement to that effect.

What does a Magistrate do with a complaint that is not in writing under Section 201 CrPC?▼

If the complaint is not in writing, the Magistrate shall direct the complainant to the proper Court.

To which Magistrate does Section 201 CrPC speak?▼

Section 201 CrPC speaks of a Magistrate to whom a complaint is made and who is not competent to take cognizance of the offence.

Where is Section 201 CrPC found in the BNSS from 1 July 2024?▼

Section 201 CrPC has no sub-sections, and maps as a whole to Section 224 BNSS.

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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: 20 Oct 2026 ·