Cognizance of offences by Magistrate
Section 210 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with cognizance of offences by Magistrate. 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 author The Act came into force on 01 Jul 2024.
(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.
Section 210, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 190 Cognizance of offences by Magistrates Close, with changes 82%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Sarah Mathew v. Institute of Cardio Vascular Diseases
Decided under Code of Criminal Procedure 190, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Judgment of Main Case order-22.pdf 2013-11-26 (not same-date order-23 ROP). Five-judge Constitution Bench, Crl A 829/2005. For CrPC 468, limitation for taking cognizance runs from the date of filing the complaint / institution of prosecution, not the later date on which the Magistrate actually takes cognizance under s.190; court delay after a timely complaint cannot bar the prosecution. Overrules the Krishna Pillai line. Map 190 (the cognizance event) and 468 (the bar) plus BNSS 210/514.
On this section: Successor of CrPC 190 (mapping.csv close). Cognizance-date teaching carries to BNSS 210.
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Vikas Rajput vs State of Maharashtra
Court's Decision & Legal Precedent
The Magistrate is not bound by the analytical conclusions or the final choice of sections made by the investigating officer in a charge sheet. Under the scheme of criminal procedure, the Magistrate must apply an independent judicial mind to the threshold materials, facts, and evidence gathered during the investigation to decide whether to take cognizance of non-bailable offences even if dropped by the police.
On this section: Cognizance of offences by Magistrate (corresponding to Section 190 of CrPC).
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Konda Surekha vs Nagarjuna Akkineni
Court's Decision & Legal Precedent
Defamatory statements circulated digitally can be prosecuted in any jurisdiction where they are accessed, and under BNSS, cognizance taken by a competent Magistrate is not vitiated by territorial jurisdictional irregularities.
On this section: Procedural rules regarding cognizance, jurisdiction, and protection of orders from being vitiated by jurisdictional errors.
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The State of Maharashtra vs VIKAS RAMCHANDRA RASKAR MH12SE5131
Court's Decision & Legal Precedent
Courts are barred from taking cognizance of any offense punishable with a fine only if the police report or complaint is submitted after the expiration of the statutory six-month limitation period as mandated by Section 514 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
On this section: Filing of police report for offenses.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Respondent(s) UPON hearing the counsel the Court made the following O R D E R After some arguments, learned counsel for the petitioner submits that he would not be pressing the present petition but would seek liberty to file a complaint under Section 156(3) of the Code of Criminal Procedure, 1973/Section 210 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Digitally signed by SAPNA BISHT Date: 2025.04.22 10:36:23 IST Reason: Signature Not Verified 2. Having regard to the aforesaid, the Special Leave Petition stands dismissed as not pressed with liberty aforesaid. 3. Pending application(s), if any, shall …
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… Learned counsel appearing on behalf of the petitioner has been confronted with the provision of Section 175 (3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 as per which in the event of the Police officer not registering a criminal case, an application may be moved before the Magistrate empowered under Section 210 of the Bharatiya Nagarik Suraksha Sanhita, 2023 who may thereafter make such an inquiry as he thinks fit and order such an investigation. In view of the above, the petitioner having an efficacious alternative remedy, there is no occasion for this Court to issue any such direction to the Senior Superintendent of …
Questions about Section 210
What have the courts held on Section 210 of the Bharatiya Nagarik Suraksha Sanhita?
Sarah Mathew v. Institute of Cardio Vascular Diseases (26 Nov 2013) is the leading judgment on this section among those set out below, though it was decided under CRPC 190, which this section replaced -- the court never mentioned this Act: Successor of CrPC 190 (mapping.csv close). Cognizance-date teaching carries to BNSS 210. Another 3 judgments on this section are set out below, 1 of them from the Supreme Court. They run from 2013 to 2025.
How do I find court cases under Section 210 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 210, section 210 BNSS, section 210 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bnss 210(1)(a) and bnss 210 and 223. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 4 reported judgments on this section are set out on this page, beginning with Sarah Mathew v. Institute of Cardio Vascular Diseases (26 Nov 2013).
What should I read with Section 210 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
5 other provisions in this corpus refer back to it. It carries forward CrPC 190 (Cognizance of offences by Magistrates), so the judgments decided under that provision are the case law on this one.
When did Section 210 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 210 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 210, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.