✓ Substantially Identical

Law Transition Comparison: Section 210 BNSS vs Section 190 CrPC

Side-by-side analysis of statutory changes, penal differences, bailable classification, trial courts, and precedents following India's July 2024 criminal law transition.

AI Legal Analysis & Key Differences

No material statutory changes have been made to the core text of this provision during the transition. The wording, elements, and thresholds remain substantially identical. However, practitioners must adapt to the new section numbering and procedural alignment under the 2023 Sanhitas.

Transition Checklist for Legal Practitioners

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Verify Date of Offense (Crucial for Application)

If the alleged offense occurred before July 1, 2024, substantive charges must be filed under the old act (CrPC). For offenses on or after July 1, 2024, use the new Sanhita (BNSS).

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Nomenclature Audit in Pleadings

Ensure all draft petitions, FIRs, charge sheets, and bail applications refer to Section 210 of the BNSS instead of the old Section 190 of the CrPC.

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Confirm Savings Clause Compliance

Apply the savings clause (Section 531 BNSS or Section 358 BNS) to confirm that any trials, appeals, or investigations pending as of July 1, 2024 continue under the old code (CrPC) as if the new Sanhitas had not been enacted.

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Review Updated Bail and Trial Jurisdiction

Double-check the schedule in BNSS or CrPC to verify if the trial court jurisdiction (e.g. Session Court vs Magistrate) or the bailable status has been altered for Section 210.

Act Source (Active Site)

Section 210

Bharatiya Nagarik Suraksha Sanhita

Official Statutory Text

(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.

Procedural Profile

Offence Category	N/A / Procedural
Bail Eligibility	Procedural
Arrest Classification	Procedural
Trial Court	Procedural
Max Punishment	Procedural

Act Source (Compared)

Section 190

Code of Criminal Procedure, 1973

Official Statutory Text

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—
		
			upon receiving a complaint of facts which constitute such offence;
			upon a police report of such facts;
			upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed.
		
		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.

Procedural Profile

Offence Category	N/A / Procedural
Bail Eligibility	Procedural
Arrest Classification	Procedural
Trial Court	Procedural
Max Punishment	Procedural

Explore Section 210 Details Explore Section 190 Details