Law4u - Made in India

What Is BNSS Section 527?

Answer By law4u team

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 527: Case in which Judge or Magistrate is personally interested

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.

Brefe Detail

Section 527 of the Bharatiya Nagarik Suraksha Sanhita, 2023, stipulates that no Judge or Magistrate can try or commit for trial any case in which they are personally involved or interested, without the permission of the appellate Court. Additionally, a Judge or Magistrate cannot hear appeals from their own judgments or orders. The section clarifies that a Judge or Magistrate is not considered personally interested solely due to public involvement or preliminary inquiries related to the case.

Question & Answers

What does Section 527 prohibit regarding Judges and Magistrates?

It prohibits Judges and Magistrates from trying or committing for trial any case in which they are a party or personally interested, without permission from the appellate Court.

Can a Judge or Magistrate hear an appeal from their own decision?

No, a Judge or Magistrate cannot hear an appeal from any judgment or order they have passed or made.

What is the explanation provided in Section 527 regarding personal interest?

The explanation states that a Judge or Magistrate is not deemed personally interested in a case merely because they are involved in a public capacity or have viewed relevant locations or conducted inquiries related to the case.

What must a Judge or Magistrate obtain to try a case in which they are interested?

They must obtain permission from the Court to which an appeal lies from their Court.

Example

  • Example 1: If a Magistrate is a neighbor of a person involved in a case, they cannot preside over that case without permission from the appellate Court.
  • Example 2: A Judge who has previously viewed the scene of a crime does not automatically disqualify themselves from the case unless they have a personal interest.

Summary

Section 527 of the Bharatiya Nagarik Suraksha Sanhita, 2023, ensures impartiality by preventing Judges and Magistrates from trying cases in which they have personal interests, without court permission. It clarifies that involvement in a public capacity does not constitute personal interest in the case.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Rajesh Singh

Advocate Rajesh Singh

Anticipatory Bail, Divorce, Domestic Violence, Family, High Court, Recovery, Civil, Consumer Court, Criminal

Get Advice
Advocate Jayanti Parmar

Advocate Jayanti Parmar

Cheque Bounce, Consumer Court, Court Marriage, Criminal, Domestic Violence, Family, Insurance, Motor Accident, R.T.I, Wills Trusts

Get Advice
Advocate Adv. Navin Chaudhry

Advocate Adv. Navin Chaudhry

Anticipatory Bail, Cheque Bounce, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Domestic Violence, Family, High Court, Recovery

Get Advice
Advocate Amit Kumar Panchal

Advocate Amit Kumar Panchal

Cheque Bounce, Breach of Contract, Child Custody, Civil, Consumer Court, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Insurance, Landlord & Tenant, R.T.I, Wills Trusts, Supreme Court, Property, Medical Negligence, Recovery, Revenue, Motor Accident, Media and Entertainment

Get Advice
Advocate Ravi Rai Sharma

Advocate Ravi Rai Sharma

Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Property, Recovery, Succession Certificate, Supreme Court, Wills Trusts, Revenue

Get Advice
Advocate Gokuldas

Advocate Gokuldas

Anticipatory Bail, Arbitration, Cheque Bounce, Breach of Contract, Banking & Finance, Civil, Criminal, Customs & Central Excise, Cyber Crime, Divorce, GST, Domestic Violence, Family, Landlord & Tenant, Medical Negligence, Motor Accident, Recovery, Succession Certificate, Wills Trusts

Get Advice
Advocate Hiteshkumar D Parmar

Advocate Hiteshkumar D Parmar

Bankruptcy & Insolvency, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Criminal, Cyber Crime, High Court, RERA, Succession Certificate, Revenue, Anticipatory Bail

Get Advice
Advocate K S Prabhakaran

Advocate K S Prabhakaran

Anticipatory Bail, Cheque Bounce, Criminal, Motor Accident, Revenue

Get Advice

Bharatiya Nagarik Suraksha Sanhita(BNSS) Related Questions

Discover clear and detailed answers to common questions about Bharatiya Nagarik Suraksha Sanhita(BNSS). Learn about procedures and more in straightforward language.