Bharatiya Nagarik Suraksha Sanhita, 2023
Section 525
Cases 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.
Why this exists
A fair trial requires an unbiased judge. If a Judge or Magistrate has a personal stake in the outcome — for example, being a victim, a relative of a party, or having a financial interest — their judgment could be, or appear to be, compromised. This section enforces the basic principle that 'no one should be a judge in their own cause,' while the Explanation clarifies that routine official duties (like inspecting a crime scene) don't disqualify a judge, so genuine fact-finding work isn't unnecessarily blocked. It carries forward a rule from the earlier Code of Criminal Procedure, 1973 (as section 479).
Common misconceptions
- Myth: A judge can never visit a crime scene or they become biased.
Fact: Visiting a scene or making inquiries as part of official duty does not automatically disqualify a judge; only genuine personal interest or being a party to the case does.