Certain Judges and Magistrates not to try certain offences when committed before themselves.
What this section does
No Judge of a Criminal Court (other than a High Court Judge) or Magistrate shall try any person for an offence under section 215 (offences against public justice/contempt of court authority) when that offence was committed before the Judge or Magistrate himself, or in contempt of his authority, or came to his notice in the course of judicial proceedings. Exceptions are carved out for sections 383, 384, 388 and 389 of the BNSS.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Procedure at a glance
- Key actors
- Judge of Criminal Court · Magistrate
- Time limit
- None specified
Derived from CrPC s.352.
Read the official text
For the binding statutory text of BNSS Section 391, refer to the Gazette of India or the India Code official website.
Why this matters
BNSS Section 391 forms part of Bharatiya Nagarik Suraksha Sanhita which replaced the Code of Criminal Procedure 1973 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.