Introduction
In this article, we are going to briefly understand the chapter dealing with cognisance under Bharatoya Nagarik Suraksha Sanhita (BNSS). We will be covering Section 210 to Section 222 of BNSS in this article.
Section 210 of BNSS: This section empowers Magistrates to take cognizance of offences based on various sources. A Magistrate of the first class or a specially empowered Magistrate of the second class can initiate proceedings upon receiving a complaint, a police report, information from a person other than a police officer, or even based on their own knowledge.
Section 211 of BNSS: When a Magistrate takes cognizance based on information under Section 210(1)(c), the accused is informed about the right to have the case tried by another Magistrate if they object before evidence is taken.
Section 212 of BNSS: After taking cognizance, the Chief Judicial Magistrate can assign the case for inquiry or trial to a competent Magistrate subordinate to them.
Section 213 of BNSS: Courts of Session, under normal circumstances, can't take cognizance unless a Magistrate commits the case to them.
Section 214 of BNSS: Additional Sessions Judges are designated to try cases made over to them by the Sessions Judge or the High Court.
Section 215 of BNSS: This section outlines the conditions for taking cognizance of specific offences. It emphasizes that no Court shall take cognizance unless certain conditions, like a written complaint from a public servant, are met.
Section 216 of BNSS: In cases of threatening, a witness or any other person can file a complaint.
Section 217 of BNSS: Deals with offences against the State and criminal conspiracy. No court can start proceedings in the offences mentioned in Section 217 of BNSS without permission from the Central or State Government.
Section 218 of BNSS: Offers protection to Judges, Magistrates, and public servants doing their duties. No legal action can be taken against them without prior approval from the Government, ensuring their independence and shielding them from unnecessary legal hassles.
Section 219 of BNSS: Covers offences against marriage. Only the person affected by the offence can complain, with special provisions for various situations, like age or health concerns.
Section 220 of BNSS: Focuses on offences under section 85. Action can only be taken based on a police report or a complaint from the person affected or specific relatives.
Section 221 of BNSS: Pertains to offences under section 67, involving married individuals. Action can only be taken if the wife files a complaint against her husband.
Section 222 of BNSS: Deals with defamation cases (section 356 of BNS). Proceedings can only begin if the person affected files a complaint.
Notes on cognisance under BNSS (Bharatiya Nagarik Suraksha Sanhita)
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