Section 526 BNSS: Practising advocate not to sit as Magistrate in certain Courts (Formerly Section 480 CrPC)

Section 526 of Bharatiya Nagarik Suraksha Sanhita, 2023: Practising advocate not to sit as Magistrate in certain Courts

Official Bare Act Text

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

No advocate who practices in the Court of any Magistrate shall sit as a Magistrate in that Court or in any Court within the local jurisdiction of that Court.

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 526

Section 526 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 480 of the CrPC, 1973) prohibits practising advocates from sitting as Magistrates in any Court within the local jurisdiction of which they practice their profession.

Prohibition on Practising Advocate as Magistrate: No advocate who practices in the Court of any Magistrate shall sit as a Magistrate in that Court or in any Court within the local jurisdiction of that Court.
Conflict of Interest Safeguard: Eliminates conflicts of interest and prevents advocates from adjudicating cases alongside colleagues or adversaries.
Preservation of Judicial Independence: Maintains public confidence in the complete neutrality of the criminal bench.

Key Landmark Precedents:

Bar Council of Maharashtra v. M.V. Dabholkar, (1975) 2 SCC 702: The Supreme Court highlighted that the legal profession is a noble calling that demands absolute detachment from judicial office within the same local bar.
P.K. Ghosh v. J.G. Rajput, (1995) 6 SCC 744: Reaffirmed the necessity of avoiding institutional conflicts of interest in Magisterial courts.

Courtroom Practice & Strategic Litigation Guidance:

If an advocate appointed as a special or honorary magistrate attempts to adjudicate matters in a court complex where they actively practice law, raise an immediate statutory objection under Section 526.