Section 210 of BNSS : Section 210: Cognizance of offences by Magistrate.

Explanation using Example

Example 1:

Scenario: A resident of Mumbai, Mr. Sharma, notices that his neighbor, Mr. Verma, has been illegally dumping hazardous waste in a nearby public park. Mr. Sharma decides to take action.

Application of Section 210:

1. Complaint by Mr. Sharma: Mr. Sharma files a formal complaint with the local Magistrate of the first class, detailing the illegal dumping activities of Mr. Verma. The Magistrate, upon receiving the complaint, takes cognizance of the offence under Section 210(1)(a).
2. Police Report: Alternatively, Mr. Sharma could have reported the matter to the local police station. The police investigate and submit a report to the Magistrate, who then takes cognizance of the offence under Section 210(1)(b).
3. Information from a Third Party: If another neighbor, Ms. Gupta, who is not a police officer, informs the Magistrate about the illegal dumping, the Magistrate can take cognizance of the offence under Section 210(1)(c).

Example 2:

Scenario: In a small town in Kerala, a local journalist, Ms. Nair, uncovers a scam where a group of individuals is forging documents to illegally acquire government land. She decides to report this to the authorities.

Application of Section 210:

1. Complaint by Ms. Nair: Ms. Nair files a detailed complaint with the Magistrate of the first class, explaining the scam and providing evidence. The Magistrate takes cognizance of the offence under Section 210(1)(a).
2. Police Report: Ms. Nair could also provide her findings to the local police, who then investigate and submit a report to the Magistrate. The Magistrate takes cognizance of the offence under Section 210(1)(b).
3. Information from Ms. Nair: If Ms. Nair directly informs the Magistrate about the scam without filing a formal complaint, the Magistrate can still take cognizance of the offence under Section 210(1)(c).

Example 3:

Scenario: In a village in Uttar Pradesh, a local farmer, Mr. Singh, discovers that a company is illegally extracting groundwater, causing a severe water shortage in the area. He decides to take legal action.

Application of Section 210:

1. Complaint by Mr. Singh: Mr. Singh files a complaint with the local Magistrate of the first class, detailing the illegal extraction of groundwater. The Magistrate takes cognizance of the offence under Section 210(1)(a).
2. Police Report: Mr. Singh reports the matter to the local police, who investigate and submit a report to the Magistrate. The Magistrate takes cognizance of the offence under Section 210(1)(b).
3. Information from Mr. Singh: If Mr. Singh directly informs the Magistrate about the illegal activities without filing a formal complaint, the Magistrate can take cognizance of the offence under Section 210(1)(c).

Example 4:

Scenario: In a city in Tamil Nadu, a software engineer, Mr. Raj, discovers that a local cyber café is involved in illegal online activities, including hacking and phishing. He decides to report this to the authorities.

Application of Section 210:

1. Complaint by Mr. Raj: Mr. Raj files a complaint with the Magistrate of the first class, providing details and evidence of the illegal online activities. The Magistrate takes cognizance of the offence under Section 210(1)(a).
2. Police Report: Mr. Raj reports the matter to the cybercrime division of the local police, who investigate and submit a report to the Magistrate. The Magistrate takes cognizance of the offence under Section 210(1)(b).
3. Information from Mr. Raj: If Mr. Raj directly informs the Magistrate about the illegal activities without filing a formal complaint, the Magistrate can take cognizance of the offence under Section 210(1)(c).

Example 5:

Scenario: In a town in West Bengal, a school teacher, Ms. Banerjee, learns that a local shop is selling expired and unsafe food products to children. She decides to take action.

Application of Section 210:

1. Complaint by Ms. Banerjee: Ms. Banerjee files a complaint with the Magistrate of the first class, detailing the sale of expired food products. The Magistrate takes cognizance of the offence under Section 210(1)(a).
2. Police Report: Ms. Banerjee reports the matter to the local police, who investigate and submit a report to the Magistrate. The Magistrate takes cognizance of the offence under Section 210(1)(b).
3. Information from Ms. Banerjee: If Ms. Banerjee directly informs the Magistrate about the illegal activities without filing a formal complaint, the Magistrate can take cognizance of the offence under Section 210(1)(c).