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CHAPTER XXXIX MISCELLANEOUS

Section 525: Cases in which Judge or Magistrate is personally interested

The Bharatiya Nagarik Suraksha Sanhita, 2023

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.

Corresponding CrPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Questions on this section

1 question in 3 of our papers cite Section 525. Try these from the free papers:

  1. 1. Assertion (A): A Magistrate who, before the trial, viewed the place where the offence is alleged to have been committed and made an inquiry in connection with the case is not, for that reason alone, barred from trying the case. Reason (R): Under the Explanation to Section 525 of the BNSS, a Judge or Magistrate shall not be deemed to be a party to, or personally interested in, a case by reason only that he has viewed the place in which an offence is alleged to have been committed and made an inquiry in connection with the case.

Practise questions on Bharatiya Nagarik Suraksha Sanhita