(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.
Bharatiya Nagarik Suraksha Sanhita
Section 210
Cognizance of offences by Magistrate
⚡ Quick Answer Reference: Section 210 BNSS
- Provision: Section 210 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS
- Jurisdiction: India
- Summary: A Magistrate of the first class or a second class Magistrate with special power can take cognizance of an offence based on a complaint, police report, or information from any person. This means they can start an investigation or trial without a police officer's involvement.
What does Section 210 of BNSS say?
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What does Section 210 of BNSS mean?
Plain English Explanation
A Magistrate of the first class or a second class Magistrate with special power can take cognizance of an offence based on a complaint, police report, or information from any person. This means they can start an investigation or trial without a police officer's involvement.
Practical Interpretation
In real practice, this section allows Magistrates to take the initiative in investigating and prosecuting crimes, even if a police officer hasn't filed a report. This can be useful in cases where the police are not actively pursuing a case or where the victim or a private individual wants to bring a complaint.
Core Legal Purpose
The core purpose of this section is to empower Magistrates to take a proactive role in addressing crimes and ensuring justice is served, particularly in cases where the police may not be actively involved.
- •The Magistrate must be of the first class or a second class Magistrate with special power.
- •The Magistrate can take cognizance based on a complaint, police report, or information from any person.
- •The complaint or information must constitute an offence.
- •The Chief Judicial Magistrate can empower a second class Magistrate to take cognizance of specific offences.
Practical Example of Section 210 BNSS
Rajesh, a resident of Delhi, witnesses a theft in his neighborhood. He reports the incident to the local police, but they seem uninterested in pursuing the case. Rajesh decides to file a complaint with the Magistrate's court, citing Section 210 of the BNSS. The Magistrate, being empowered to take cognizance, accepts the complaint and begins an investigation. During the investigation, the Magistrate discovers that the theft was committed by a known offender, and they proceed to trial. In this scenario, the Magistrate's proactive role under Section 210 ensures that justice is served, even when the police are not actively involved.
Frequently Asked Questions about Section 210 BNSS
Q: What is the punishment or consequence under Section 210 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. The consequences of an offence under this section will depend on the specific offence and the applicable laws.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities, as it allows any person to file a complaint or provide information to the Magistrate.
Q: Is an offence under this section bailable or cognizable?
The classification of an offence as bailable or cognizable depends on the specific offence and the applicable laws. This section does not provide any information on the bailability or cognizability of an offence.
Common Questions about Section 210 BNSS
What is Section 210 of BNSS?
Section 210 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Cognizance of offences by Magistrate". In plain terms: A Magistrate of the first class or a second class Magistrate with special power can take cognizance of an offence based on a complaint, police report, or information from any person. This means they can start an investigation or trial without a police officer's involvement.
What is the punishment under Section 210 of BNSS?
Section 210 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 210 of BNSS bailable or non-bailable?
Whether Section 210 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 210 of BNSS?
The essential elements of Section 210 of BNSS are: The Magistrate must be of the first class or a second class Magistrate with special power.; The Magistrate can take cognizance based on a complaint, police report, or information from any person.; The complaint or information must constitute an offence..
What is the IPC equivalent of Section 210 of BNS?
Section 210 of the Bharatiya Nyaya Sanhita (BNS) 2023 corresponds to Section 190 of the old Indian Penal Code (IPC). There was no material change in the provision.
✓ No material change in the provision.
View Old Law Equivalent →Compare Side-by-Side →Landmark Judgments under Section 210 BNSS
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Patnahcucisdb94 High Court (10 8)
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