CrPC Section 190 — Cognizance of offences by Magistrates

Summary

Sub-section (1) allows a Magistrate of the first class, and a Magistrate of the second class specially empowered under sub-section (2), to take cognizance of an offence, subject to the provisions of this Chapter. This may be done (a) on receiving a complaint describing facts that amount to the offence; (b) on receiving a police report about those facts; or (c) on information from someone other than a police officer, or on the Magistrate’s own knowledge, that the offence has been committed.

Sub-section (2) allows the Chief Judicial Magistrate to empower a Magistrate of the second class to take cognizance under sub-section (1) of offences that the Magistrate is competent to inquire into or try.

Official Text

(1) Subject to the provisions of this Chapter, any Magistrate of the first class, and any 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 which constitute such offence;

(b) upon a police report 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.

Referred to by

• CrPC §156 — Police officer’s power to investigate cognizable case
• CrPC §191 — Transfer on application of the accused
• CrPC §460 — Irregularities which do not vitiate proceedings
• CrPC §461 — Irregularities which vitiate proceedings

Related Judgments

• MEHMOOD UL REHMAN vs KHAZIR MOHAMMAD TUNDA AND ORS — Supreme Court of India (2015)
• DR. MRS. NUPUR TALWAR vs C.B.I., DELHI & ANR — Supreme Court of India (2012)
• JAYANT ETC. vs THE STATE OF MADHYA PRADESH — Supreme Court of India (2020)
• R.R. CHARI vs THE STATE OF UTTAR PRADESH — Supreme Court of India (1951)
• ANURAG BHATNAGAR & ANR. vs STATE (NCT OF DELHI) & ANR — Supreme Court of India (2025)
• DR. SUBRAMANIAN SWAMY vs DR. MANMOHAN SINGH AND ANOTHER — Supreme Court of India (2012)

Old <-> New Code Mapping

• BNSS §210 — Cognizance of offences by Magistrate