Section210
The Bharatiya Nagarik Suraksha Sanhita, 2023

Cognizance of offences by Magistrate

In force From 01 Jul 2024 Act 46 of 2023 As on 14 Oct 2026

Act 46 of 2023 Ministry Home Affairs Enacted 25 Dec 2023 In force 01 Jul 2024 Cited by 5 provisions

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 The repealed enactment still governs what happened while it was in force.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.

  1. Sarah Mathew v. Institute of Cardio Vascular Diseases

    Supreme Court of India 26 Nov 2013 Binding (Constitution Bench) Reportable (2014) 2 SCC 62

    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.

    Read the full order on eCourts India

  2. Vikas Rajput vs State of Maharashtra

    High Court 16 Dec 2025 Persuasive (Other HC)

    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).

    Read the full order on eCourts India

  3. Konda Surekha vs Nagarjuna Akkineni

    SPECIAL SESSIONS COURT FOR MP/MLA CASES 08 Apr 2025 Persuasive (Other HC)

    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.

    Read the full order on eCourts India

  4. The State of Maharashtra vs VIKAS RAMCHANDRA RASKAR MH12SE5131

    J.M.F.C.COURT PUNE MAHARASHTRA 23 Sep 2025 Persuasive (Other HC)

    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.

    Read the full order on eCourts India

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.

  1. Supreme Court of India 17 Apr 2025 SCIN010125712025

    … 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 …

    Read this order on eCourtsIndia

  2. High Court 09 Dec 2024 PHHC011646992024

    … 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 …

    Read this order on eCourtsIndia

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

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.