CrPC Section 352 — Certain Judges and Magistrates not to try certain offences when committed before themselves
CHAPTER XXVI PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE
General
Summary
A Judge of a Criminal Court, other than a High Court Judge, or a Magistrate must not try a person for an offence referred to in section 195 if the offence was committed before that Judge or Magistrate, was in contempt of their authority, or was brought to their notice in that capacity during a judicial proceeding. This restriction is subject to sections 344, 345, 349 and 350.
Official Text
Except as provided in sections 344, 345, 349 and 350, 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 195, 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
- CrPC §195 — Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence
- CrPC §344 — Summary procedure for trial for giving false evidence
- CrPC §345 — Procedure in certain cases of contempt
- CrPC §349 — Imprisonment or committal of person refusing to answer or produce document
- CrPC §350 — Summary procedure for punishment for non-attendance by a witness in obedience to summons
Old <-> New Code Mapping
- BNSS §391 — Certain Judges and Magistrates not to try certain offences when committed before themselves
