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Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XXVIII: Provisions As to Offences Affecting the Administration of Justice

Section 391: Certain Judges and Magistrates not to try certain offences when committed before themselves

Earlier law: CrPC section 352 (Certain Judges and Magistrates not to try certain offences when committed before themselves)

In plain words

Except under sections 383, 384, 388 and 389, a Judge (other than of a High Court) or Magistrate cannot try a person for an offence against public justice referred to in section 215 that was committed before them, in contempt of their authority, or brought to their notice in their own proceeding.

A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.

Official text

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.

Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.

Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 12 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Supreme Court judgments citing the section 391

No Supreme Court judgment in our database cites this section yet.