Section 391 BNSS: Certain Judges and Magistrates Not to Try Certain Offences When Committed Before Themselves
Section 391 of the Bharatiya Nagarik Suraksha Sanhita, 2023 places a specific restriction on a Judge of a Criminal Court, other than a High Court Judge, or a Magistrate from trying certain Section 215 offences when the alleged conduct occurs before that judicial officer, amounts to contempt of that officer's authority, or comes to that officer's notice during a judicial proceeding.
Text of Section 391 BNSS
391. 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.
What Section 391 Means
The provision is aimed at separating the judicial officer personally affected by, or directly exposed to, specified misconduct from the ordinary trial of that misconduct. The restriction applies when the alleged offence is one referred to in Section 215 BNSS and it is committed before the Judge or Magistrate, is in contempt of that judicial officer's authority, or comes to that officer's notice in the course of a judicial proceeding.
Section 391 therefore operates as a procedural safeguard. Its language prevents the concerned Judge or Magistrate from acting as the trial court for the specified offence, while preserving the special procedures expressly allowed by Sections 383, 384, 388 and 389.
Connection with Section 215 BNSS
Section 215 of the BNSS deals with prosecution for contempt of the lawful authority of public servants, offences against public justice, and offences relating to documents given in evidence. It prescribes when a court may take cognizance of specified offences and the complaint required from the concerned public servant or court, depending on the category of offence.
Because Section 391 expressly refers to offences under Section 215, the two provisions should be read together. Section 215 addresses the conditions for initiating prosecution, while Section 391 addresses who may not conduct the trial in the circumstances stated in Section 391.
Exceptions Expressly Preserved by Section 391
| BNSS provision | Subject | Why it matters to Section 391 |
|---|---|---|
| Section 383 | Summary procedure for trial for giving false evidence | Section 391 begins with an express exception preserving this special procedure. |
| Section 384 | Procedure in certain cases of contempt | The court may use the special statutory contempt procedure where its requirements are met. |
| Section 388 | Imprisonment or committal of person refusing to answer or produce document | The special power under this provision is not displaced by Section 391. |
| Section 389 | Summary procedure for punishment for non-attendance by a witness in obedience to summons | This is another procedure specifically carved out from the Section 391 restriction. |
Key Requirements of Section 391
- The person must be accused of an offence referred to in Section 215 BNSS.
- The restriction applies to a Judge of a Criminal Court, other than a Judge of a High Court, and to a Magistrate.
- The alleged offence must have been committed before that judicial officer, committed in contempt of that officer's authority, or brought to that officer's notice in the course of a judicial proceeding.
- The restriction is subject to the statutory exceptions contained in Sections 383, 384, 388 and 389.
Purpose of the Provision
Section 391 reflects the broader requirement of impartial adjudication. Where alleged misconduct directly concerns the authority or presence of the Judge or Magistrate, an ordinary trial by that same judicial officer could create an appearance that the adjudicator is also personally connected with the incident. The provision removes that difficulty for the specified offences, except where the BNSS itself authorises a special summary or coercive procedure.
BNSS Commencement and Current Applicability
The Bharatiya Nagarik Suraksha Sanhita, 2023 received Presidential assent on December 25, 2023. The Central Government appointed July 1, 2024 as the commencement date for its provisions, subject to the notified exception concerning the First Schedule entry relating to Section 106(2) of the Bharatiya Nyaya Sanhita, 2023. Section 391 is therefore part of the operative BNSS framework.
Official Legal Resources
For the authoritative statutory text and commencement material, see the official Gazette text of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Ministry of Home Affairs commencement notification, and the India Code BNSS page.
This page is a general legal information resource. For a case-specific question, the complete statute, applicable rules, notifications and binding judicial decisions should be checked.