(1) Subject to the provisions of this Chapter, any Magistrate of the first class,
and any Judicial 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 (recorded in any mode including digital 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
(3) Any Magistrate empowered under this section, shall upon receiving a complaint
against a public servant arising in course of the discharge of his official duties, take
cognizance, subject to—
(a) receiving a report containing facts and circumstances of the incident from
the officer superior to such public servant; and
(b) after consideration of the assertions made by the public servant as to the
situation that led to the incident so alleged.
Home The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 Section 210. Cognizance of offences by Magistrate.