Cognizance of Offences - SECTION 210-222

Concept of Cognizance of Offences

‘Cognizance’ word has not been defined under BNSS.

It merely means ‘becomes aware of’. When it is used with reference to judges or

court, it means “To take notice judicially”. Or in other words ‘taking cognizance’

means judicial application of the mind of the Magistrate to the facts mentioned in

the complaint/Police report with a view to taking further action

It does not involve any formality.

CHAPTER XV - SECTION 210-222 deal with Cognizance of Offences

Who can take cognizance ?

There are four authorities who may take cognizance –

(I) Judicial Magistrate First Class – Section 210(1)

(II) J.M. Second Class authorised by Chief Judicial Magistrate - Section 210(1)

r/w sub -sec- (2)

(III) Chief Judicial Magistrate – Section 212 (1) [….,after taking cognizance of

an offence,….]

(IV) Court of Session – Section 222 (2)

On what grounds authorities can take cognizance?

According to section 210(1) authorities may take cognizance on following

grounds –

(a)- upon receiving a complaint of facts which constitute such offence; 210(1)

(b)- upon a police report of such facts; 210(1)

(c)- upon information received from any person other than a police officer,

210(1)

(c)- upon his own knowledge, that such offence has been committed. 210(1)
Transfer on application of accused. Section 211

When a Magistrate takes cognizance of an offence under clause (c) of sub-section (1) of section

210, the accused shall, before any evidence is taken, be informed that he is entitled to have the

case inquired into or tried by another Magistrate, and if the accused or any of the accused, if

there be more than one, objects to further proceedings before the Magistrate taking cognizance,

the case shall be transferred to such other Magistrate as may be specified by the Chief Judicial

Magistrate in this behalf.

Making over of cases to Magistrates. 212.

(1) Any Chief Judicial Magistrate may, after taking cognizance of an offence, make over the

case for inquiry or trial to any competent Magistrate subordinate to him.

(2)Any Magistrate of the first class empowered in this behalf by the Chief Judicial Magistrate

may, after taking cognizance of an offence, make over the case for inquiry or trial to such other

competent Magistrate as the Chief Judicial Magistrate may, by general or special order, specify,

and thereupon such Magistrate may hold the inquiry or trial.

Cognizance of offences by Court of Session. Section 213.

Except as otherwise expressly provided by this Sanhita or by any other law for the time being

in force, no Court of Session shall take cognizance of any offence as a Court of original

jurisdiction unless the case has been committed to it by a Magistrate under this Sanhita.

Additional Sessions Judges to try cases made over to them section 214.

An Additional Sessions Judge shall try such cases as the Sessions Judge of the division may,

by general or special order, make over to him for trial or as the High Court may, by special

order, direct him to try.

Restriction for taking such cognizance?

There are two types of restrictions.

 One is related to limitation period as mentioned under section 514 and

 Other is related to complaint and sanctioned by private persons, or public

servants, judges, State Governments or Central Government as the case

may be. These have been discussed under sections 215 to 222 of BNSS

The period of limitation shall be – S.514

Limitation Period Offence Detail about offence

Six months Fine only if the offence is punishable

with fine

One year One second to one year if the offence is punishable

with imprisonment for a term
not exceeding one year

three years. One year to three years. if the offence is punishable

with imprisonment for a term
exceeding one year but not
exceeding three years

No limitation More than three years For example, in case of rape

there is no limitation period.
In case of ‘Mee Too’
movement which were
related to molestation and
rape, there was no limitation
period.
Restriction regarding prior complain or sanctions
Section Offence Source of cognizance

Section 215 of any offence punishable under On Complaint in writing by-

sections 206 to 223 (both inclusive but

Cognizance of 1. the public servant against
excluding section 209) of the
offences against whom offence was
Bharatiya Nyaya Sanhita, 2023
public justice etc committed OR

or its abetment or attempt, or criminal 2 the public servant to whom

conspiracy such servant is subordinate OR

3.of some other public servant

who is authorised by the

concerned public servant so to

do

any of the following sections of the except on the complaint in

Bharatiya Nyaya Sanhita, 2023, writing of

namely, sections 229 to 233 (both

1. that Court or
inclusive), 236, 237, 242 to 248 (both
2. by such officer of the
inclusive) and 267, when such offence
Court as that Court may
is alleged to have been committed in,
authorise in writing in
or in relation to, any proceeding in any
this behalf, or
Court;
 or its abetment or attempt, or criminal 3. of some other Court to

conspiracy which that Court is

subordinate.

(2)Where a complaint has been made by a public servant or by some other public servant who

has been authorised to do so by him under clause (a) of sub-section (1), any authority to which

he is administratively subordinate or who has authorised such public servant, may, order the

withdrawal of the complaint and send a copy of such order to the Court; and upon its receipt by

the Court, no further proceedings shall be taken on the complaint:

Provided that no such withdrawal shall be ordered if the trial in the Court of first instance has

been concluded.

(3) In clause (b) of sub-section (1), the term "Court" means a Civil, Revenue or Criminal Court,

and includes a tribunal constituted by or under a Central or State Act if declared by that Act to

be a Court for the purposes of this section.

(4)For the purposes of clause (b) of sub-section (1), a Court shall be deemed to be subordinate

to the Court to which appeals ordinarily lie from the appealable decrees or sentences of such

former Court, or in the case of a Civil Court from whose decrees no appeal ordinarily lies, to

the Principal Court having ordinary original civil jurisdiction within whose local jurisdiction

such Civil Court is situate:

Provided that— (a)where appeals lie to more than one Court, the Appellate Court of inferior

jurisdiction shall be the Court to which such Court shall be deemed to be subordinate;
(b) where appeals lie to a Civil and also to a Revenue Court, such Court shall be deemed to be

subordinate to the Civil or Revenue Court according to the nature of the case or proceeding in

connection with which the offence is alleged to have been committed.

Section 216 offences threating to give false On complaint By witness or any

Cognizance of
evidence punishable under section other person aggrieved of such
offences threating
232 of the Bharatiya Nyaya Sanhita, offence
to give false
evidence 2023

Section 217 1. any offence punishable under Cognizance shall be taken with

Chapter VII or under section 196, the previous sanction of the

offences against the
section 299 or sub-section (1) of Central Government or of the
state,
section 353 of the Bharatiya Nyaya State Government
for criminal
Sanhita, 2023; or
conspiracy to
a criminal conspiracy to commit such
commit such
offence, or
offence

any such abetment, as is described in

section 47 of the Bharatiya Nyaya

Sanhita, 2023,

2 (a) any offence punishable under Cognizance shall be taken with

section 197 or sub-section (2) or sub- the previous sanction of the

section (3) of section 353 of the Central Government or of the

Bharatiya Nyaya Sanhita, 2023;, or State Government or of the

b. a criminal conspiracy to commit District Magistrate.

such offence
 3. any criminal conspiracy punishable the State Government or
under sub-section (2) of section 61 of
the Bharatiya Nyaya Sanhita, 2023, the District Magistrate has

other than a criminal conspiracy to consented in writing to the

commit an offence punishable with
initiation of the proceeding
death, imprisonment for life or
rigorous imprisonment for a term of
two years or upwards

Provided that where the criminal conspiracy is one to which the provisions of section 215

apply, no such consent shall be necessary.

(4) The Central Government or the State Government may, before according sanction under

sub-section (1) or sub-section (2) and the District Magistrate may, before according sanction

under sub-section (2) and the State Government or the District Magistrate may, before giving

consent under sub-section (3), order a preliminary investigation by a police officer not being

below the rank of Inspector, in which case such police officer shall have the powers referred to

in sub-section (3) of section 174.

Section 218 – Judge or Magistrate or a public Cognizance shall be taken With

servant not removable from his office the previous sanction of central
Prosecution of
save by or with the sanction of the or state govt depending upon
Judges and public
Government is accused of any offence whom he was employed
servants
alleged to have been committed by

him while acting or purporting to act

in the discharge of his official duty

 any offence alleged to have been Cognizance shall be taken With

committed by any member of the the previous sanction of central

Armed Forces of the Union whole govt.

acting or purporting to act in the

discharge of his official duty,

any offence alleged to have been Cognizance shall be taken With

committed by any member of the the previous sanction of state

Armed Forces of the state whole govt.

acting or purporting to act in the

discharge of his official duty,

Provided that where the alleged offence was committed by a person referred to in clause (b)
during the period while a Proclamation issued under clause (1) of article 356 of the Constitution
was in force in a State, clause (b) will apply as if for the expression "State Government"
occurring therein, the expression "Central Government" were substituted:

Provided further that such Government shall take a decision within a period of one hundred and
twenty days from the date of the receipt of the request for sanction and in case it fails to do so,
the sanction shall be deemed to have been accorded by such Government:

Provided also that no sanction shall be required in case of a public servant accused of any
offence alleged to have been committed under section 64, section 65, section 66, section 68,
section 69, section 70, section 71, section 74, section 75, section 76, section 77, section 78,
section 79, section 143, section 199 or section 200 of the Bharatiya Nyaya Sanhita, 2023

Section 219 offence punishable under Generally Cognizance shall be taken

sections 81 to 84 (both upon a complaint made by person

Offence Relating to inclusive) of the Bharatiya aggrieved by the offence:

marriage
Nyaya Sanhita, 2023
where such person is a child, or is of

unsound mind or is having intellectual

 disability requiring higher support

needs, or is from sickness or infirmity

unable to make a complaint, or is a

woman who, according to the local

customs and manners, ought not to be

compelled to appear in public,some

other person may, with the leave of the

Court, make a complaint on his or her

behalf;

(b) where such person is the husband and he is serving in any of the Armed Forces of the Union

under conditions which are certified by his Commanding Officer as precluding him from

obtaining leave of absence to enable him to make a complaint in person, some other person

authorised by the husband in accordance with the provisions of sub-section (4) may make a

complaint on his behalf;

(c)where the person aggrieved by an offence punishable under section 82 of the Bharatiya

Nyaya Sanhita, 2023 is the wife, complaint may be made on her behalf by her father, mother,

brother, sister, son or daughter or by her father's or mother's brother or sister, or, with the leave

of the Court, by any other person related to her by blood, marriage or adoption.

(2)For the purposes of sub-section (1), no person other than the husband of the woman shall be

deemed to be aggrieved by any offence punishable under section 84 of the Bharatiya Nyaya

Sanhita, 2023.

(3)When in any case falling under clause (a) of the proviso to sub-section (1), the complaint is

sought to be made on behalf of a child or of a person of unsound mind by a person who has not
been appointed or declared by a competent authority to be the guardian of the child, or of the

person of unsound mind, and the Court is satisfied that there is a guardian so appointed or

declared, the Court shall, before granting the application for leave, cause notice to be given to

such guardian and give him a reasonable opportunity of being heard.

(4) The authorisation referred to in clause (b) of the proviso to sub-section (1), shall be in

writing, shall be signed or otherwise attested by the husband, shall contain a statement to the

effect that he has been informed of the allegations upon which the complaint is to be founded,

shall be countersigned by his Commanding Officer, and shall be accompanied by a certificate

signed by that Officer to the effect that leave of absence for the purpose of making a complaint

in person cannot for the time being be granted to the husband.

(5)Any document purporting to be such an authorisation and complying with the provisions of

sub-section (4), and any document purporting to be a certificate required by that sub-section

shall, unless the contrary is proved, be presumed to be genuine and shall be received in

evidence.

(6)No Court shall take cognizance of an offence under section 64 of the Bharatiya Nyaya

Sanhita, 2023, where such offence consists of sexual intercourse by a man with his own wife,

the wife being under eighteen years of age, if more than one year has elapsed from the date of

the commission of the offence

(7)The provisions of this section apply to the abetment of, or attempt to commit, an offence as

they apply to the offence.

Section 220 offence punishable under Cognizance shall be taken upon a police
report of facts which constitute such
section 85 of the Bharatiya
offence or
Nyaya Sanhita, 2023
 Cognizance shall be taken upon a
complaint made by the person
aggrieved by the offence or by her
father, mother, brother, sister or by her
father’s or mother’s brother or sister or,
with the leave of the Court, by any other
person related to her by blood, marriage
or adoption.

Section 221 offence punishable under Cognizance shall be taken upon prima

section 67 of the Bharatiya facie satisfaction of the facts which

Nyaya Sanhita, 2023 where constitute the offence upon a complaint

the persons are in a marital having been filed or made by the wife

relationship against the husband.

Section 222(1) offence punishable under Cognizance shall be taken upon a

Prosecution for section 356 of the Bharatiya complaint made by some person
defamation.
Nyaya Sanhita, 2023 aggrieved by the offence:

Provided that where such person is a child, or is of unsound mind or is having intellectual

disability or is from sickness or infirmity unable to make a complaint, or is a woman who,

according to the local customs and manners, ought not to be compelled to appear in public,

some other person may, with the leave of the Court, make a complaint on his or her behalf

Section 222(2) offence falling under section Cognizance shall be taken upon a

356 of the Bharatiya Nyaya complaint in writing made by the Public

Sanhita, 2023 is alleged to Prosecutor.

have been committed against

a person who, at the time of

 such commission, is the

President of India, the Vice-

President of India, the

Government of a State, the

Administrator of a Union

territory or a Minister of the

Union or of a State or of a

Union territory, or any other

public servant employed in

connection with the affairs of

the Union or of a State in

respect of his conduct in the

discharge of his public

functions

(3)Every complaint referred to in sub-section (2) shall set forth the facts which constitute the
offence alleged, the nature of such offence and such other particulars as are reasonably sufficient
to give notice to the accused of the offence alleged to have been committed by him.

(4) No complaint under sub-section (2) shall be made by the Public Prosecutor except with the
previous sanction—

(a) of the State Government,—

(i) in the case of a person who is or has been the Governor of that State or a Minister of that
Government;

(ii)in the case of any other public servant employed in connection with the affairs of the State;
(b)of the Central Government, in any other case.

(5)No Court of Session shall take cognizance of an offence under sub-section (2) unless the
complaint is made within six months from the date on which the offence is alleged to have been
committed.

(6)Nothing in this section shall affect the right of the person against whom the offence is alleged to
have been committed, to make a complaint in respect of that offence before a Magistrate having
jurisdiction or the power of such Magistrate to take cognizance of the offence upon such
complaint.