Bharatiya Nagarik Suraksha Sanhita, 2023
Section 391
Certain Judges and Magistrates not to try certain offences when committed before
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.
Why this exists
A person accused of insulting or disrespecting a judge should generally not be tried by that very same judge in an ordinary trial, since that would risk both real and perceived bias. This section limits the judge's role to the narrow, transparent summary powers already provided, ensuring more serious or standard prosecutions of such offences go through a separate, impartial court rather than the judge personally affected.
Common misconceptions
- Myth: A judge who is personally insulted can always personally conduct a full trial and decide the punishment.
Fact: This section restricts that judge to only the narrow summary powers listed, and requires any broader prosecution to go through a different court.