Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 391: Certain Judges and Magistrates not to try certain offences when committed before themselves.
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.
Brefe Detail
This section outlines that certain Judges and Magistrates are prohibited from trying offences committed in their presence or in contempt of their authority. This applies specifically to offences mentioned in section 215, except in cases defined in sections 383, 384, 388, and 389.
Question & Answers
What does Section 391 of the Bharatiya Nagarik Suraksha Sanhita address?
It addresses the prohibition for certain Judges and Magistrates to try specific offences committed in their presence or in contempt of their authority.
Which Judges are excluded from this provision?
Judges of a High Court are excluded from this provision.
Are there any exceptions to this rule?
Yes, exceptions are provided in sections 383, 384, 388, and 389.
What type of offences are mentioned in Section 391?
Offences referred to in section 215.
Example
1. A Magistrate witnessing a disorderly conduct in his courtroom cannot try the individual for that offence under Section 215 due to the provision in Section 391.
2. If a Judge is presiding over a case and someone interrupts with contemptuous remarks, that Judge cannot try the offender for contempt of court as per Section 391.
Summary
Section 391 of the Bharatiya Nagarik Suraksha Sanhita, 2023, restricts certain Judges and Magistrates from trying offences committed before them or in contempt of their authority, specifically referring to section 215 offences, unless exceptions in other sections apply.
