Initiating Legal Proceedings Under the Bharatiya Nagarik Suraksha Sanhita, 2023

Instituting Legal Proceedings Under the Bharatiya Nagarik Suraksha Sanhita, 2023

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), replacing the Criminal Procedure Code and being implemented from July 1, 2024, prescribes the procedure for cognizance of offences by Magistrates in Chapter XV. Cognizance simply means a Magistrate’s act of recognizing and initiating formal legal proceedings on a complaint or report. It is the first step when the court realizes that a crime has been done and it wants to take some action. Here, in this article, we are going to elucidate provisions of sections 210 and 211 of BNSS and make it clear as to how proceedings in a court are initiated.

Section 210: Cognizance of Offences by Magistrates

Under Section 210, a Magistrate, most of all one of the first class, is authorized to take cognizance of offences. This implies they can officially initiate legal proceedings after being notified regarding the commission of an offence. Section 210 also authorizes second-class Magistrates, who are specially authorized by the Chief Judicial Magistrate, to take cognizance under certain conditions.

Types of Cognizance

A Magistrate can take cognizance in three ways under Section 210:

On receipt of a complaint: If a complaint is made, setting out the facts which form an offence, the Magistrate may initiate legal proceedings. This would include complaints made by persons empowered under special laws, e.g., tax evasion complaints by the tax authorities.

Example: If an individual makes a complaint regarding cheating by means of fraudulent transactions with elaborate proof of how they were cheated, the Magistrate can scrutinize the facts and initiate legal proceedings against the accused.

On receipt of a police report: If the police file a report, including electronic reports, that an offence has been committed, the Magistrate can take cognizance.

Example: When the police conduct an investigation for a theft and present a report of the stolen goods and suspected thief, the Magistrate is able to commence the trial according to the report.

On receipt of information from any individual or on their own knowledge: The Magistrate is also able to act on information received from any individual (other than a police officer) or on their own knowledge of an offense.

Example: If a reporter reports to the court about illegalities they have discovered, or if the Magistrate learns of a crime from news or public events, they can institute proceedings.

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Empowerment of Second-Class Magistrates

Section 210(2) enables the Chief Judicial Magistrate to authorize second-class Magistrates to take cognizance of specific offences. This is especially helpful when smaller or less complicated cases are being handled and does not burden the first-class Magistrates with all cases.

Section 211: Transfer of Cases on the Application of the Accused

Section 211 affords protection to the accused. Where a Magistrate receives cognizance of an offence under Section 210(1)(c) (i.e., on information received from a person other than a police officer or on their own knowledge), the accused should be notified prior to the production of any evidence that they are entitled to have the case heard by another Magistrate.

If the accused so desires, the case will be heard by another Magistrate. This is to maintain justice and avoid any possible bias in the trial.

Example of Section 211:

If a Magistrate acts on the complaint of an activist from a locality regarding environmental contamination due to a factory and the owner of the factory (accused) thinks that the Magistrate will be prejudiced, the owner may ask that a different Magistrate conduct the case. On being asked, the Chief Judicial Magistrate shall order another Magistrate to conduct the trial.

What does Cognizance mean to a layman

In simpler words, cognizance refers to the fact that the Magistrate has formally acknowledged that a crime has been committed and decides to initiate legal proceedings. It’s like sending a signal to initiate the formal process of trial and investigation. Without cognizance, no case can proceed in the judicial system.

Key Takeaways from Sections 210 and 211

Section 210 gives the power to Magistrates to act on a complaint, police report, or any other believable source of information regarding an offence. This is where the legal process begins.

Section 211 ensures that the accused person is entitled to have their case sent to another Magistrate if they are not at ease with the existing one so that the process of a fair trial is upheld.

Conclusion

The provisions of Chapter XV of the Bharatiya Nagarik Suraksha Sanhita, 2023 prescribe necessary guidelines for initiating the judicial process in criminal cases. These sections give powers to Magistrates to take cognizance of genuine complaints and reports so that justice can be delivered. While doing so, the accused’s right to seek a change of Magistrate also ensures that the judicial process is fair and transparent. Collectively, these sections try to strike a balance between effectively dealing with criminal complaints and protecting the rights of persons who are being prosecuted.