Section 210 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 210 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 addresses the conditions under which a magistrate may take cognizance of an offense. Here's a detailed explanation:
🧾 Section 210: Cognizance of Offences by Magistrate
1. Modes of Taking Cognizance
A magistrate may take cognizance of an offense through any of the following means:
Complaint: Upon receiving a complaint of facts, including any complaint filed by a person authorized under any special law, which constitutes such offense.
Police Report: Upon a police report (submitted in any mode, including electronic mode) of such facts
Information or Knowledge: Upon information received from any person other than a police officer, or upon the magistrate's own knowledge, that such offense has been committed
2. Empowerment of Second-Class Magistrates
The Chief Judicial Magistrate may empower any magistrate of the second class to take cognizance under sub-section (1) of such offenses as are within his competence to inquire into or try.
⚖️ Comparison with CrPC
Section 210 of the BNSS is analogous to Section 190 of the Indian Penal Code (IPC), which also outlines the circumstances under which a magistrate may take cognizance of an offense. Both provisions aim to ensure that offenses are addressed promptly and appropriately within the judicial system.
🔍 Practical Implications
For Police Officers: They are required to submit reports to the magistrate in the prescribed manner, ensuring that the information is accurate and complete.
For Complainants: Individuals filing complaints should provide detailed and factual information to facilitate the magistrate's decision to take cognizance.
For Magistrates: They must assess the information received to determine whether it warrants further legal proceedings, ensuring justice is served while adhering to legal standards.
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