Section 525 BNSS: Cases in which Judge or Magistrate is personally interested (Formerly Section 479 CrPC)

Section 525 of Bharatiya Nagarik Suraksha Sanhita, 2023: Cases in which Judge or Magistrate is personally interested

Official Bare Act Text

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

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.

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 525

Section 525 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 479 of the CrPC, 1973) enshrines the cardinal principle of natural justice (nemo judex in causa sua), mandating that no Judge or Magistrate shall try or commit for trial any case in which they are personally interested.

Disqualification for Personal Interest: No Judge or Magistrate shall, except with the permission of the Court to which an appeal lies from their Court, try or commit for trial any case to or in which they are a party, or personally interested.
Disqualification from Hearing Appeals: No Judge or Magistrate shall hear an appeal from any judgment or order passed or made by themselves.
Incurable Illegality: Violation of this section strikes at the root of judicial impartiality and renders the entire trial or appeal void ab initio.

Key Landmark Precedents:

Rameshwar v. State, AIR 1952 SC 54: The Supreme Court authoritatively held that personal interest or bias of a presiding judge completely disqualifies them from trying a case; actual bias need not be proved—a reasonable apprehension in the mind of the litigant suffices.
P.K. Ghosh v. J.G. Rajput, (1995) 6 SCC 744: The Supreme Court settled that justice must not only be done but must also manifestly be seen to be done; any financial, familial, or personal interest disqualifies the judicial officer.

Courtroom Practice & Strategic Litigation Guidance:

If a Magistrate has any personal connection to a party, witness, or property involved in the litigation, move an immediate recusal application or transfer petition under Section 448 citing Section 525 and P.K. Ghosh.