Section 391 BNSS: Certain Judges and Magistrates not to try certain offences when committed before themselves (Formerly Section 352 CrPC)

Section 391 of Bharatiya Nagarik Suraksha Sanhita, 2023: Certain Judges and Magistrates not to try certain offences when committed before themselves

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 391

Section 391 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 352 of the CrPC, 1973) enshrines the fundamental rule of natural justice (nemo judex in causa sua), barring any Judge or Magistrate from trying any offence committed before themselves or in contempt of their own authority, except as provided in Sections 383, 384, 388, and 389.

Disqualification of Presiding Officer: Except as expressly provided in summary sections, no Judge of a Criminal Court or Magistrate shall try any person for any offence referred to in Section 215 when such offence is committed before themselves or in contempt of their authority.
Prohibition of Self-Adjudication: Guarantees that a judge who is the victim or witness of an offence (e.g., perjury, document fabrication, direct threat) does not sit as the trial judge.
Transfer to Independent Court: The matter must be forwarded under Section 379/385 to an independent Magistrate for trial.

Key Landmark Precedents:

Rameshwar v. State, AIR 1952 SC 54: The Supreme Court affirmed that a judge cannot combine the roles of prosecutor, complainant, and adjudicator; personal involvement in the incident creates an incurable disqualification.
P.K. Ghosh v. J.G. Rajput, (1995) 6 SCC 744: The Supreme Court authoritatively held that justice must not only be done but must also be seen to be done; any reasonable apprehension of bias disqualifies a judge from conducting the trial.

Courtroom Practice & Strategic Litigation Guidance:

If a judicial officer who lodged a complaint or initiated perjury proceedings attempts to conduct the trial themselves, move an immediate objection under Section 391 seeking transfer to an unattached court.