Cognizance of an Offence in India: Meaning and How a Court Takes It (2026)
What it means when a court takes cognizance of an offence, how a Magistrate does it under s.190 CrPC and s.210 BNSS, and how it differs from a cognizable offence, an FIR, or a charge.
Explainer · Criminal Procedure
Lawyers and students often mix up cognizance, cognizable offence, FIR, and charge, and the mix-up leads to wrong drafting and wrong arguments. Taking cognizance means a Magistrate or court applying its mind to a complaint or police report and deciding to take notice of an alleged offence so that proceedings can begin. It is the first judicial step in a criminal case, and it is different from an arrest or an investigation. This page explains what cognizance is, how a court takes it under s.190 CrPC (now s.210 BNSS), and where it fits in the life of a case. Last verified October 2026.
- Cognizance: a Magistrate or court applying its mind to a complaint or police report and taking notice of an alleged offence so proceedings can begin.
- Law: s.190 CrPC, now s.210 BNSS 2023.
- Three routes: a complaint, a police report, or other information or the Magistrate’s own knowledge.
- Cognizable offence: police can arrest without warrant and investigate on their own. This is a police power, not a court step.
- Order: FIR or complaint, investigation, cognizance, process, charge, trial.
01What cognizance means
Cognizance is the point where a criminal complaint becomes a matter before a court. Before this point, the police may be investigating, or a private person may have filed a complaint, but the court has not yet acted on it.
The word is not defined in the Code of Criminal Procedure. Courts have explained it over the years. In simple terms, a Magistrate takes cognizance when he or she applies judicial mind to the facts, with the aim of starting proceedings. Just reading a complaint, or sending it to the police for a report, is not the same thing.
Why it matters
Many things depend on this one step. The court gets power to issue process, the limitation clock is measured against it for many offences, and an order taking cognizance can be challenged as wrong or without jurisdiction. If a court takes cognizance when it should not (for example, without a required sanction), the proceedings can be quashed.
Cognizance is the first judicial step in a criminal case. Arrest and investigation come from the police. Cognizance comes from the court.
What it is not
- It is not an arrest. Police can arrest in some cases before any court takes cognizance.
- It is not the investigation. That is the police job, or the Magistrate may order it.
- It is not framing of charge. Charge comes much later.
- It is not a finding of guilt. The court only decides to look into the matter.
02How a court takes cognizance (s.190 CrPC and s.210 BNSS)
A Magistrate takes cognizance under s.190 of the Code of Criminal Procedure, 1973. The same rule now sits in s.210 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced the CrPC. The power belongs to a Magistrate of the first class, and to a Magistrate of the second class if specially empowered.
There are three routes. Each one is a different starting point.
| Route | CrPC | BNSS | What it means |
|---|---|---|---|
| Complaint | s.190(1)(a) | s.210(1)(a) | A person gives the Magistrate facts that make out an offence. This includes a complaint by someone authorised under a special law. |
| Police report | s.190(1)(b) | s.210(1)(b) | The police finish investigation and send a report (the chargesheet or final report) to the Magistrate. Under BNSS the report can also be in electronic form. |
| Other information or own knowledge | s.190(1)(c) | s.210(1)(c) | The Magistrate learns of the offence from a source other than the police, or knows of it personally, and acts on it. |
Taking cognizance is a judicial act
The Magistrate must apply mind. That means looking at the material and asking whether, on its face, an offence is made out. A routine stamp on a chargesheet is not meant to be enough. The Supreme Court has said in several judgments that summoning an accused is a serious matter and cannot be done mechanically.
Cognizance of the offence, not of the offender
A court takes cognizance of the offence. It does not take cognizance of a named person. This is why a court can later add other accused after cognizance, if evidence shows they were involved. The exact rules on adding accused are a separate topic and depend on the stage of the case.
Special limits on taking cognizance
For some offences the court cannot take cognizance without something extra. Examples include prior sanction to prosecute a public servant, or a complaint filed only by a specific authority under a special law. The Code lists these conditions in the chapter on conditions needed to start proceedings. If the condition is missing, cognizance is bad in law.
03Cognizable vs non-cognizable offences
A cognizable offence is one where the police can arrest without a warrant and start investigation without the Magistrate’s order. A non-cognizable offence is one where the police cannot do this without the Magistrate’s permission. The word looks like cognizance, but the two ideas work at different stages.
| Point | Cognizable offence | Non-cognizable offence |
|---|---|---|
| Arrest | Police may arrest without a warrant | Police need a warrant |
| Investigation | Police may investigate on their own after an FIR | Police need the Magistrate’s order first |
| Typical seriousness | Usually more serious offences | Usually less serious offences |
| Police step | FIR is registered | Information is recorded in a register and the person is sent to the Magistrate |
| Court step | Court takes cognizance after the police report | Court takes cognizance on a complaint or after ordering investigation |
Which offences fall in which group is shown in the First Schedule of the CrPC, and in the corresponding schedule of the BNSS for offences under the Bharatiya Nyaya Sanhita. Always check the schedule for the exact section you are dealing with.
Key point
Cognizable or not is about police powers. Cognizance is about the court. A court can take cognizance of both kinds of offence.
04What happens after cognizance
Once the court takes cognizance, the case moves from the police and the complainant to the court’s control. The usual steps are below.
- Complaint cases: the Magistrate records the complainant’s statement on oath and may examine witnesses. The Magistrate can also order an inquiry or investigation before deciding whether to proceed. (CrPC s.200 to 202, now in the BNSS.)
- Issue of process: if there is enough ground, the Magistrate issues summons or a warrant to the accused. (CrPC s.204.)
- Appearance and bail: the accused appears. In a bailable case the accused is entitled to bail. In a non-bailable case, the bail rules apply. If arrest is feared earlier, see our guide to anticipatory bail.
- Supply of documents and committal: the accused gets the police papers. If the case can be tried only by a Sessions Court, the Magistrate commits it there.
- Charge and trial: the court frames charge, or discharges the accused if there is no case. Trial then follows.
If the accused is taken into police or judicial custody during this time, the court deals with it through remand orders. See what remand means in India for how that works.
Challenging the order
An accused who believes cognizance was wrongly taken can ask a higher court to quash the order, usually under the High Court’s inherent powers (CrPC s.482, now in the BNSS). Common grounds include no sanction, the offence is barred by limitation, or the facts show no offence at all.
05Common mix-ups
Cognizance vs FIR
An FIR is information given to the police about a cognizable offence. It starts the police side of the case. Cognizance is a Magistrate’s step and usually comes later, after the police report or on a complaint.
Cognizance vs charge
Cognizance is when the court decides to take notice of the offence and start proceedings. Charge is the formal statement of the accusation framed against the accused, after the court has looked at the material. Charge comes after cognizance, never before.
Cognizance vs summoning
Taking cognizance and issuing process are two separate acts, even when they happen on the same day. Cognizance is the decision to take notice. Summoning is the order that calls the accused to court.
Cognizance by a Sessions Court
A Sessions Court normally does not take cognizance directly. The Magistrate takes it and commits the case. There are limited exceptions, which the Code states.
Criminal practice involves many such dates and stages. Teams that handle volumes of criminal matters can read our guide to case management software for criminal lawyers in India.
06Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
For a topic like cognizance, the practical need is to find judgments on how courts have treated the point, such as what counts as application of mind or what happens when sanction is missing. Claw can find judgments on cognizance across 30 crore+ judgements, with verified court-ready citations. Claw also has a free plan for individual advocates.
07Sources and further reading
- India Code (official bare Acts, CrPC 1973 and BNSS 2023): indiacode.nic.in
- Supreme Court of India (official judgments): sci.gov.in
- Claw: clawlaw.in
This page is general information, not legal advice. Check the current text of the statute and the latest judgments before relying on any section number. Last verified October 2026.
08Frequently asked questions
What is cognizance?
Cognizance is when a Magistrate or court applies its mind to a complaint or police report and decides to take notice of an alleged offence so that proceedings can begin. It is the first judicial step in a criminal case. It is not an arrest, not an investigation, and not a finding of guilt.
Who takes cognizance of an offence?
A Magistrate of the first class takes cognizance, and so can a Magistrate of the second class if specially empowered. This is provided in s.190 CrPC and now in s.210 BNSS. A Sessions Court normally takes a case only after a Magistrate commits it, apart from limited exceptions in the Code.
What is the difference between cognizable and non-cognizable offences?
In a cognizable offence the police can arrest without a warrant and investigate without the Magistrate’s order. In a non-cognizable offence they need a warrant and the Magistrate’s permission. This is about police powers. A court can take cognizance of both kinds.
What is the difference between cognizance and charge?
Cognizance is the court deciding to take notice of the offence and start proceedings. Charge is the formal accusation framed against the accused after the court looks at the material. Cognizance always comes first, and charge comes later, before trial.
What is the BNSS section for cognizance?
Section 210 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaces s.190 of the CrPC. It keeps the same three routes: a complaint, a police report, and other information or the Magistrate’s own knowledge.
Can cognizance be challenged?
Yes. An accused can ask the High Court to quash an order taking cognizance, for example if sanction was missing, the offence is time-barred, or no offence is made out on the facts. Check the latest judgments for the current position.