Bharatiya Nagarik Suraksha Sanhita

Section 391

Certain Judges and Magistrates not to try certain offences when committed before

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⚡ Quick Answer Reference: Section 391 BNSS

Provision: Section 391 of BNSS
Act: Bharatiya Nagarik Suraksha Sanhita
Classification: PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE
Jurisdiction: India
Summary: This section says that certain judges and magistrates cannot try cases where the offence was committed in front of them or against them, or if they were involved in the case as a judge or magistrate.

Statutory Content

What does Section 391 of BNSS say?

themselves.—Except as provided in sections 383, 384, 388 and 389, no Judge of a Criminal Court (other than a Judge of a High Court) or Magistrate shall try any person for any offence referred to in section 215, when such offence is committed before himself or in contempt of his authority, or is brought under his notice as such Judge or Magistrate in the course of a judicial proceeding.

Indian StandardSection 391, Bharatiya Nagarik Suraksha Sanhita

Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 391 (India)

Court Pleading StandardSection 391 of the Bharatiya Nagarik Suraksha Sanhita

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗

✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).

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Section Meaning & Purpose

What does Section 391 of BNSS mean?

Plain English Explanation

This section says that certain judges and magistrates cannot try cases where the offence was committed in front of them or against them, or if they were involved in the case as a judge or magistrate.

Practical Interpretation

In practical terms, this section means that if a judge or magistrate is involved in a case, either as a witness or as a party, they cannot preside over the trial. This is to prevent bias and ensure a fair trial.

Core Legal Purpose

The core purpose of this section is to maintain the integrity of the judicial process by preventing judges and magistrates from presiding over cases where they have a conflict of interest or have been involved in the case in some way.

Key Legal Elements

•The offence must have been committed before the judge or magistrate.
•The offence must have been committed in contempt of the judge's or magistrate's authority.
•The offence must have been brought under the judge's or magistrate's notice as part of a judicial proceeding.
•The judge or magistrate must be a judge of a Criminal Court (other than a Judge of a High Court) or a Magistrate.

Practical Example

Practical Example of Section 391 BNSS

Rajesh, a police officer, is accused of assaulting a suspect in custody. The case comes up for trial before Magistrate Amit, who was present at the police station when the incident occurred. However, Magistrate Amit recuses himself from the case, as he was a witness to the incident and has a conflict of interest. The case is then transferred to another magistrate for trial.

Common Questions (FAQ)

Frequently Asked Questions about Section 391 BNSS

Q: What is the punishment or consequence under Section 391 of BNSS?

This section is a procedural provision and does not prescribe a penal punishment.

Q: Does this section apply to private individuals or public entities?

This section applies to judges and magistrates, who are public officials.

Q: Is an offence under this section bailable or cognizable?

This section does not classify the offence as bailable or cognizable. It is a procedural provision and does not prescribe a penal punishment.

Common Questions about Section 391 BNSS

What is Section 391 of BNSS?

Section 391 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Certain Judges and Magistrates not to try certain offences when committed before". In plain terms: This section says that certain judges and magistrates cannot try cases where the offence was committed in front of them or against them, or if they were involved in the case as a judge or magistrate.

What is the punishment under Section 391 of BNSS?

Section 391 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 391 of BNSS bailable or non-bailable?

Whether Section 391 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 391 of BNSS?

The essential elements of Section 391 of BNSS are: The offence must have been committed before the judge or magistrate.; The offence must have been committed in contempt of the judge's or magistrate's authority.; The offence must have been brought under the judge's or magistrate's notice as part of a judicial proceeding..

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