Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 210: Cognizance of Offences by Magistrates
(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 inquire into or try.
(3) Any Magistrate empowered under this section, shall upon receiving a complaint against a public servant arising in the 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.
Brief Detail
Section 210 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the powers of Magistrates to take cognizance of offences. It specifies the conditions under which Magistrates, including those specially empowered, can act on complaints, police reports, or personal knowledge of offences. It also includes provisions for complaints against public servants and the necessary procedures to be followed.
Question & Answers
Q1: What types of Magistrates can take cognizance of offences under Section 210?
A1: Any Magistrate of the first class and any Judicial Magistrate of the second class specially empowered can take cognizance.
Q2: What are the grounds on which a Magistrate can take cognizance of an offence?
A2: A Magistrate can take cognizance upon:
- Receiving a complaint of facts constituting the offence.
- A police report recorded in any mode, including digital.
- Information from any person other than a police officer or his own knowledge.
Q3: Who can empower a Magistrate of the second class to take cognizance?
A3: The Chief Judicial Magistrate can empower a Magistrate of the second class to take cognizance.
Q4: What must happen before a Magistrate takes cognizance of a complaint against a public servant?
A4: The Magistrate must receive a report from a superior officer and consider the public servant's assertions regarding the incident.
Q5: What is required in the report concerning a public servant?
A5: The report must contain facts and circumstances of the incident involving the public servant.
Example
- Scenario 1: A citizen files a complaint against a neighbor for theft. The first-class Magistrate receives the complaint and takes cognizance to investigate the matter.
- Scenario 2: A police officer submits a digital report of a traffic violation. The Judicial Magistrate reviews the report and takes cognizance of the offence.
- Scenario 3: A public servant is accused of misconduct during duty. The Magistrate receives a report from the public servant’s superior and considers the servant’s explanation before taking cognizance.
Summary
Section 210 of the Bharatiya Nagarik Suraksha Sanhita, 2023, establishes the framework for Magistrates to take cognizance of various offences, detailing the necessary procedures for complaints, police reports, and allegations against public servants, ensuring accountability and due process in judicial proceedings.
