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.
Section 391 BNSS: Certain Judges and Magistrates not to try certain offences when committed before themselves
- Corresponding CrPC
- Section 352 CrPC
Bare Act text
Text as enacted in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), in force from 1 July 2024. Source: India Code, Government of India.
In simple words
Except as provided in sections 383, 384, 388 and 389, no Judge of a Criminal Court other than a High Court Judge, and no Magistrate, may try a person for an offence referred to in section 215 committed before himself, in contempt of his authority, or brought to his notice in a judicial proceeding.
Chapter XXVIII: Provisions As To Offences Affecting The Administration Of Justice
- 379 Procedure in cases mentioned in section 215
- 380 Appeal
- 381 Power to order costs
- 382 Procedure of Magistrate taking cognizance
- 383 Summary procedure for trial for giving false evidence
- 384 Procedure in certain cases of contempt
- 385 Procedure where Court considers that case should not be dealt with under section 384
- 386 When Registrar or Sub-Registrar to be deemed a Civil Court
- 387 Discharge of offender on submission of apology
- 388 Imprisonment or committal of person refusing to answer or produce document
- 389 Summary procedure for punishment for non-attendance by a witness in obedience to summons
- 390 Appeals from convictions under sections 383, 384, 388 and 389
- 391 Certain Judges and Magistrates not to try certain offences when committed before themselves