Cognizance of an Offence by a Magistrate Under the BNSS (Section 210): CrPC 190 Mapping (2026)
What it means for a Magistrate to take cognizance of an offence under Section 210 of the BNSS, the three ways cognizance can be taken, and how Section 210 maps to Section 190 of the old CrPC. Last verified October 2026.
Explainer · Criminal Procedure · BNSS
Cognizance is the moment a Magistrate takes judicial notice of an offence and applies his mind to it. Section 210 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) sets out when a Magistrate may do this: on a complaint, on a police report, or on information or his own knowledge. It replaced Section 190 of the old Code of Criminal Procedure, 1973 (CrPC) and carries no punishment of its own. Last verified October 2026.
- What it is: Section 210 of the BNSS sets out when a Magistrate may take cognizance of an offence.
- Three routes: on a complaint, on a police report (in any mode, including electronic), or on information or own knowledge.
- Old section: it replaces Section 190 of the CrPC.
- No punishment: it is a procedure provision, so it has no sentence of its own.
- Research and tracking: Claw searches 30 crore+ judgments and tracks matters across 9,102 courts and forums.
01Why cognizance matters
A criminal case does not start in court on its own. Someone has to put the offence before a Magistrate, and the Magistrate has to decide to take it up. That decision is called taking cognizance, and it is the hinge between investigation and trial.
The date of cognizance matters in practice. It fixes when the court first applied its mind, it affects questions of limitation and sanction, and a defect here can be raised later to challenge the whole proceeding. So knowing exactly when and how a Magistrate can take cognizance is basic to criminal practice.
Section 210 of the BNSS is the provision that answers this. People searching for "section 190 crpc in bnss" are looking for it.
02What Section 210 covers
Section 210 lists the three ways in which a Magistrate may take cognizance of an offence. It applies to any Magistrate of the first class, and to a Magistrate of the second class who is specially empowered. A Magistrate may take cognizance:
- on receiving a complaint of facts that make out an offence, including a complaint by a person authorised under a special law;
- on a police report of such facts, submitted in any mode, including electronic mode; and
- on information received from a person other than a police officer, or on his own knowledge, that an offence has been committed.
Cognizance is of the offence, not the offender
A Magistrate takes cognizance of the offence, not of a named person. Who is finally made an accused is decided at a later stage. This is a settled idea that continues under Section 210.
Section 210 is a procedure provision. It does not create any crime and carries no punishment, so the labels of cognizable, bailable, or triable by a particular court attach to the offence in question, not to this section.
03Section 190 CrPC to Section 210 BNSS
Section 210 of the BNSS replaces Section 190 of the CrPC and broadly continues the same framework. The three routes to cognizance are carried over. The main visible update is that a police report may now be submitted in any mode, including electronic mode, which fits the BNSS move towards digital records.
| Old law (CrPC, 1973) | New law (BNSS, 2023) | Subject |
|---|---|---|
| Section 190 | Section 210 | Cognizance of offences by a Magistrate |
Read Section 210 together with the sections that follow it, which deal with transfer of a case on the application of the accused and the making over of cases between Magistrates. Confirm the exact text against the official source before you rely on it.
04The three routes to cognizance
On a police report
This is the most common route. After investigation, the police file a report. The report is now the charge sheet or final report under the BNSS. To read what that report must contain and when it must be filed, see charge sheet under BNSS Section 193. The Magistrate reads the report and the material and decides whether to take cognizance.
On a complaint
A private person can also bring an offence directly before the Magistrate as a complaint, without going through the police. The Magistrate then examines the complainant and may hold an inquiry before deciding to proceed. A complaint by an authority empowered under a special law also falls here.
On information or own knowledge
Less often, a Magistrate may take cognizance on information from a person who is not a police officer, or on his own knowledge. This route is used sparingly and is hedged with safeguards, including a right of the accused to have the case tried by another Magistrate.
Many matters reach the Magistrate because an FIR was registered first. See FIR under BNSS Section 173 for how a case begins.
05What changed from the old law
In substance, Section 210 keeps the old position. The three routes to cognizance are the same as under Section 190 of the CrPC. The clearest update is the express mention that a police report may be submitted electronically, which reflects the digital direction of the BNSS as a whole.
For a plain comparison of the wider procedural shifts, including timelines and digital records, see BNSS vs CrPC key changes. In drafting, always cite Section 210 of the BNSS for proceedings governed by the new code, not the old Section 190.
06Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Cognizance questions are fought on precedent, and the stage is easy to miss in a busy docket. Claw helps on both counts. You can search 30 crore+ judgments by section, party, or advocate, with results in under 5 seconds, to find how courts have treated cognizance on facts like yours. You can then track cases, orders and hearings across 9,102 courts and forums, including the trial courts, with automatic updates, cause lists, and WhatsApp and email alerts, so you know the day a Magistrate takes cognizance or issues process. See case search across Indian courts.
Create a FREE Claw account to search and track cases under this section by party or advocate name. Claw does not use customer case documents to train AI models. Claw is a research and tracking tool. It does not take cognizance, and it does not replace legal advice.
07Sources and further reading
- India Code (official text of the BNSS, 2023): indiacode.nic.in
- Ministry of Home Affairs (new criminal laws): mha.gov.in
- Supreme Court of India (judgments): sci.gov.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text of Section 210 and take advice from counsel before you act.
08Frequently asked questions
What is Section 210 of the BNSS?
Section 210 of the Bharatiya Nagarik Suraksha Sanhita, 2023 sets out how a Magistrate takes cognizance of an offence. It can be done on a complaint, on a police report, or on information or the Magistrate’s own knowledge that an offence has been committed.
Which old section does Section 210 BNSS replace?
It replaces Section 190 of the Code of Criminal Procedure, 1973. The three routes to cognizance are carried over, with an added note that a police report may be submitted in any mode, including electronic mode.
What does taking cognizance mean?
It means a Magistrate takes judicial notice of an offence and applies his mind to it, so the case can move forward. Cognizance is of the offence, not of a particular person, and the date it happens can affect limitation and sanction.
Does Section 210 carry any punishment?
No. Section 210 is a procedure provision, not an offence. It has no sentence of its own. Whether an offence is cognizable or bailable depends on the offence itself, not on this section.
Can a Magistrate take cognizance without a police report?
Yes. A Magistrate can take cognizance on a private complaint, or on information from a non police officer or his own knowledge. A complaint route usually involves examining the complainant and may include a short inquiry before process is issued.
Can I track when a court takes cognizance using Claw?
Yes. Claw tracks cases, orders and hearings across 9,102 courts and forums with automatic updates and alerts, so you can follow when a Magistrate takes cognizance or issues process. You can also search 30 crore+ judgments on the point. Claw does not give legal advice.