BNSS Section 391 — Certain Judges and Magistrates not to try certain offences when committed before themselves

Summary

A judge of a criminal court (except a High Court judge) or a magistrate cannot hear a case against a person for certain offences listed in section 215 if that offence was committed in front of the judge or magistrate, or was an insult to their authority, or came to their attention during a court proceeding. This rule does not apply in the situations covered by sections 383, 384, 388, and 389.

Official Text

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.

Sections referred to

• BNSS §215 — Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence
• BNSS §383 — Summary procedure for trial for giving false evidence
• BNSS §384 — Procedure in certain cases of contempt
• BNSS §388 — Imprisonment or committal of person refusing to answer or produce document
• BNSS §389 — Summary procedure for punishment for non-attendance by a witness in obedience to summons

Old <-> New Code Mapping

• CrPC §352 — Certain Judges and Magistrates not to try certain offences when committed before themselves