Section 190 CrPC and Section 210 BNSS: Cognizance of Offences by Magistrates

Cognizance is the stage at which a competent Magistrate applies judicial mind to the facts of an alleged offence for proceeding under criminal law. Section 190 of the Code of Criminal Procedure, 1973 (CrPC) governed this power under the former procedural code. Its corresponding provision is Section 210 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), in force from 1 July 2024.

Section 210 BNSS: Who can take cognizance?

Section 210(1) empowers a Judicial Magistrate of the first class and a Magistrate of the second class specially empowered under Section 210(2), subject to the conditions in Chapter XV, to take cognizance of an offence on any of three grounds:

1. Section 210(1)(a) - Complaint: A complaint stating facts constituting an offence, including a complaint filed by a person authorised under a special law.
2. Section 210(1)(b) - Police report: A police report stating the relevant facts, submitted in any permitted mode, including electronic mode.
3. Section 210(1)(c) - Other information or personal knowledge: Information from a person other than a police officer, or the Magistrate's own knowledge that an offence has been committed.

Section 210(2) authorises the Chief Judicial Magistrate to empower a second-class Magistrate to take cognizance of offences within that Magistrate's competence to inquire into or try.

Section 190 CrPC: Earlier statutory provision

Under Section 190(1) CrPC, a first-class Magistrate or a specially empowered second-class Magistrate could take cognizance (a) on a complaint of facts constituting an offence, (b) on a police report of such facts, or (c) on information from a non-police source or the Magistrate's own knowledge. Section 190(2) permitted the Chief Judicial Magistrate to specially empower second-class Magistrates for offences within their competence.

These three routes remain in Section 210 BNSS, which expressly recognises complaints by persons authorised under special laws and police reports submitted electronically.

Meaning and legal effect of taking cognizance

Taking cognizance means judicial consideration of the alleged offence for the purpose of proceeding according to law. It is distinct from the police registering an FIR, the investigation of a case, issuing process to an accused, or determining guilt. A Magistrate must act within the statutory limits of jurisdiction, sanction, limitation and special-law requirements.

Related BNSS provisions and safeguards

• Section 211: Where cognizance is taken under Section 210(1)(c), the accused must be informed, before evidence is taken, of the entitlement to seek trial or inquiry by another Magistrate; an objection triggers transfer in the manner specified.
• Section 212: Making over cases for inquiry or trial to competent Magistrates.
• Section 213: Generally, a Court of Session cannot take original cognizance unless the case has been committed by a Magistrate, subject to statutory exceptions.
• Section 218: Sanction requirements for prosecution of specified Judges and public servants in relation to official duties, subject to its text and exceptions.
• Section 223: Examination of complainant and the statutory opportunity of hearing for the accused before cognizance in complaint cases, subject to the applicable procedural framework.
• Section 227: Issue of process where sufficient ground for proceeding exists.

Practical illustrations

Private complaint: A person alleges facts amounting to an offence in a complaint before a competent Magistrate. The Magistrate considers the complaint under Section 210(1)(a) along with the procedural requirements applicable to complaint cases.

Electronic police report: Police submit a report through a legally permitted electronic mode. Section 210(1)(b) expressly permits the Magistrate to consider a police report submitted electronically.

Information from another source: A Magistrate receives information about an offence from a person who is not a police officer. Section 210(1)(c) may apply, with the safeguard in Section 211.

State amendments under the former CrPC

The original Section 190 CrPC article also recorded the following state amendments. They are preserved here for historical and transitional reference; their continuing operation under the BNSS should not be presumed without checking current state legislation, notifications and savings provisions.

Maharashtra - Maharashtra Act 33 of 2016, Section 3

The amendment added provisos to Section 190(1) CrPC concerning prior sanction for cognizance of alleged offences by public servants while acting or purporting to act in discharge of official duties. It also provided for a decision on sanction within 90 days and deemed sanction on failure to decide within that period. For present proceedings, the applicable central and state sanction provisions must be checked, including Section 218 BNSS.

Assam - Assam Act 3 of 1984

The former amendment provided for insertion of the words "any Executive Magistrate" in Section 190(1) CrPC. Its present relevance depends on the governing law and any valid adaptations or savings.

Manipur - Manipur Act 3 of 1985

The former amendment introduced a subsection permitting a specified Executive Magistrate to take cognizance of designated offences to the exclusion of other Magistrates, with a corresponding interpretation of the reference to a first-class Magistrate. Any present-day reliance requires verification against current legislation and notifications.

Official legislation and reference material

Read the Bharatiya Nagarik Suraksha Sanhita, 2023 (official BPR&D PDF), the Ministry of Home Affairs new criminal laws page, and the NCRB BNSS section index. For earlier legislation and amendments, consult the official India Code portal.

Frequently asked questions

Legal note: This article is for general information. The applicable provision, special-law restrictions, sanction requirements, and procedural stage should be verified in each case.