Indian criminal procedure law

Section 201 CrPC: Procedure When a Magistrate Is Not Competent to Take Cognizance

Section 201 of the Code of Criminal Procedure, 1973 (CrPC) sets out what a Magistrate must do when a criminal complaint is presented before a court that is not competent to take cognizance of the alleged offence. The corresponding provision in the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 224.

Current legal position: The BNSS came into force on 1 July 2024 and repealed the CrPC, subject to the savings and transitional provisions in Section 531 BNSS. Section 224 BNSS retains the substance of former Section 201 CrPC.

Text of Section 201 CrPC

Section 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.

Section 224 BNSS: Corresponding Current Provision

Section 224 of the Bharatiya Nagarik Suraksha Sanhita, 2023, titled "Procedure by Magistrate not competent to take cognizance of case", provides the same two procedural directions: a written complaint must be returned with an endorsement for presentation to the proper court, while a complainant making an oral complaint must be directed to the proper court.

For the enacted law, consult the BNSS on India Code or the official BNSS chapter-wise text published by NCRB.

Meaning and Scope of the Provision

What does taking cognizance mean?

In criminal procedure, taking cognizance generally refers to a Magistrate applying judicial mind to the suspected commission of an offence for the purpose of proceeding under the applicable criminal procedure law. It is distinct from a final determination of guilt.

When is a Magistrate not competent?

A Magistrate may lack the statutory power or relevant jurisdiction to take cognizance of a particular offence or complaint. The applicable jurisdictional provisions, special enactments and facts of the case must be examined before deciding which court is competent. Section 210 BNSS deals with the Magistrates empowered to take cognizance of offences.

Written complaints

Under Section 201(a) CrPC or Section 224(a) BNSS, the Magistrate must return the written complaint with an endorsement indicating that it is to be presented before the proper court. The complainant may then present it before the court having the necessary competence.

Oral complaints

Under Section 201(b) CrPC or Section 224(b) BNSS, where the complaint is not in writing, the Magistrate must direct the complainant to the proper court. There is no written complaint to return.

Practical Procedure for Complainants

Identify the court legally competent to take cognizance of the alleged offence, considering territorial jurisdiction, statutory powers and any special law.
Where a written complaint is returned, obtain and preserve the Magistrate's endorsement and related order or record.
Present the complaint before the proper court, complying with applicable filing, limitation and procedural requirements.
Where the complaint was oral, approach the court indicated by the Magistrate and follow its filing or complaint procedure.

The return or direction under this provision is a jurisdictional procedural step; it is not, by itself, an adjudication that the allegations are true or false. Nor should a complainant assume that returning a complaint automatically extends or suspends a statutory limitation period.

Section 210 BNSS: Cognizance of offences by Magistrates, including the categories of Magistrates empowered to act.
Section 223 BNSS: Examination of complainant, corresponding broadly to Section 200 CrPC, subject to changes under the new law.
Section 225 BNSS: Postponement of issue of process, corresponding to Section 202 CrPC.
Section 226 BNSS: Dismissal of complaint, corresponding to Section 203 CrPC.
Section 227 BNSS: Issue of process, corresponding to Section 204 CrPC.
Section 531 BNSS: Repeal and savings, addressing continuation of specified proceedings pending immediately before commencement of the BNSS.

Does Section 201 CrPC Still Apply?

Section 531 BNSS repeals the CrPC but preserves the application of the earlier Code for specified appeals, applications, trials, inquiries and investigations that were pending immediately before 1 July 2024. Whether a particular matter remains governed by the CrPC depends on the statutory savings and procedural posture of that matter. For matters governed by the BNSS, the corresponding provision is Section 224.

Frequently Asked Questions

What happens if a complaint is filed before the wrong Magistrate?

A written complaint is returned with an endorsement for presentation before the proper court. For an oral complaint, the complainant is directed to the proper court.

Which BNSS section replaces Section 201 CrPC?

Section 224 BNSS is the corresponding provision and preserves the same essential procedure.

Does returning the complaint mean it has been dismissed on merits?

No. A return under this provision concerns the Magistrate's competence to take cognizance, not the substantive merits of the complaint.

Official Statutory References

Read the Bharatiya Nagarik Suraksha Sanhita, 2023 on India Code, the Bureau of Police Research and Development's new criminal laws resources, and the NCRB official BNSS text for the applicable statutory wording.

Last reviewed: 18 October 2026. This article is for general legal information and does not replace advice based on the facts of a specific case.