No Judge or Magistrate shall, except with the permission of the Court to which an appeal lies from his Court, try or commit for trial any case to or in which he is a party, or personally interested, and no Judge or Magistrate shall hear an appeal from any judgment or order passed or made by himself. Explanation.—A Judge or Magistrate shall not be deemed to be a party to, or personally interested in, any case by reason only that he is concerned therein in a public capacity, or by reason only that he has viewed the place in which an offence is alleged to have been committed, or any other place in which any other transaction material to the case is alleged to have occurred, and made an inquiry in connection with the case.
Bharatiya Nagarik Suraksha Sanhita
Section 525
Cases in which Judge or Magistrate is personally interested
Englishहिंदी
⚡ Quick Answer Reference: Section 525 BNSS
- Provision: Section 525 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: MISCELLANEOUS
- Jurisdiction: India
- Summary: This section says that a judge or magistrate cannot try or commit a case if they are a party to it or have a personal interest in it. They also cannot hear an appeal from a case they themselves decided. However, being involved in a case in a public capacity or viewing the scene of a crime does not automatically make them a party or personally interested.
Statutory Content
What does Section 525 of BNSS say?
Indian StandardSection 525, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 525 (India)
Court Pleading StandardSection 525 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/525
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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 525 of BNSS mean?
Plain English Explanation
This section says that a judge or magistrate cannot try or commit a case if they are a party to it or have a personal interest in it. They also cannot hear an appeal from a case they themselves decided. However, being involved in a case in a public capacity or viewing the scene of a crime does not automatically make them a party or personally interested.
Practical Interpretation
In real practice, this section means that a judge or magistrate must recuse themselves from a case if they have a personal connection to it. This ensures impartiality and fairness in the justice system.
Core Legal Purpose
The core purpose of this section is to prevent judges and magistrates from being biased in cases where they have a personal interest or are a party to the case. This maintains the integrity and impartiality of the justice system.
Key Legal Elements
- •A judge or magistrate is personally interested in a case.
- •A judge or magistrate is a party to a case.
- •The judge or magistrate has not obtained permission from the court to which an appeal lies.
- •The judge or magistrate has not viewed the scene of a crime or other relevant location in a public capacity.
Practical Example
Practical Example of Section 525 BNSS
Rajesh, a judge, is involved in a case where his brother is accused of a crime. Rajesh must recuse himself from the case because he is a party to it. If he tries the case, it would be unfair and biased. Similarly, if Priya, a magistrate, has viewed the scene of a crime in a public capacity, she is not automatically disqualified from hearing the case. However, if she has a personal interest in the case, she must also recuse herself.
Common Questions (FAQ)
Frequently Asked Questions about Section 525 BNSS
Q: What is the punishment or consequence under Section 525 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 entities.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not prescribe a criminal classification.
People Also Ask (PAA)
Common Questions about Section 525 BNSS
What is Section 525 of BNSS?
Section 525 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Cases in which Judge or Magistrate is personally interested". In plain terms: This section says that a judge or magistrate cannot try or commit a case if they are a party to it or have a personal interest in it. They also cannot hear an appeal from a case they themselves decided. However, being involved in a case in a public capacity or viewing the scene of a crime does not automatically make them a party or personally interested.
What is the punishment under Section 525 of BNSS?
Section 525 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 525 of BNSS bailable or non-bailable?
Whether Section 525 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 525 of BNSS?
The essential elements of Section 525 of BNSS are: A judge or magistrate is personally interested in a case.; A judge or magistrate is a party to a case.; The judge or magistrate has not obtained permission from the court to which an appeal lies..
Landmark Case Laws
Landmark Judgments under Section 525 BNSS
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Related Sections
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