Bharatiya Nagarik Suraksha Sanhita, 2023
Section 525 BNSS: Cases in which Judge or Magistrate is Personally Interested
In brief: Section 525 of the Bharatiya Nagarik Suraksha Sanhita, 2023 bars a Judge or Magistrate from trying or committing for trial a case in which the Judge or Magistrate is a party or is personally interested, unless permission is obtained from the Court to which an appeal lies. It also prohibits a Judge or Magistrate from hearing an appeal against a judgment or order passed by that same Judge or Magistrate.
The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023. The Sanhita generally came into force on 1 July 2024. Section 525 appears in Chapter XXXIX, titled "Miscellaneous", and deals with judicial participation where there is a personal interest in the case.
Text of Section 525 BNSS
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.
What Section 525 Means
Section 525 creates a statutory restriction designed to prevent a Judge or Magistrate from adjudicating a criminal matter where the judicial officer is personally connected with the dispute in a manner covered by the provision. The section contains two separate rules.
- A Judge or Magistrate must not try or commit for trial a case in which that Judge or Magistrate is a party or personally interested, unless the appellate Court grants permission.
- A Judge or Magistrate must not hear an appeal from a judgment or order passed or made by that same Judge or Magistrate.
Permission of the Appellate Court
The first part of Section 525 contains an express exception. A Judge or Magistrate who is otherwise covered by the statutory bar may proceed only with the permission of the Court to which an appeal lies from that Court. The text therefore makes appellate permission a specific statutory condition for this exception.
When a Judge or Magistrate is Not Deemed Personally Interested
The Explanation limits the scope of the expression "personally interested" in two situations. A Judge or Magistrate is not treated as a party or personally interested merely because the judicial officer is concerned in the case in a public capacity. The same applies merely because the judicial officer has viewed the alleged place of offence, or another place connected with a material transaction, and made an inquiry in connection with the case.
Corresponding Provision under the Code of Criminal Procedure, 1973
Section 525 BNSS broadly corresponds to Section 479 of the Code of Criminal Procedure, 1973, which dealt with a case in which a Judge or Magistrate was personally interested. For proceedings affected by the transition from the Code of Criminal Procedure, 1973 to the BNSS, the repeal and savings provisions in Section 531 BNSS should also be considered.
Practical reading: Section 525 should be read from its statutory text and in the context of the particular proceeding. Questions concerning transfer, recusal, bias, jurisdiction or the effect of earlier proceedings may also involve other provisions and judicial decisions depending on the facts of the case.
Related BNSS Provisions
Section 525 forms part of the miscellaneous provisions near the end of the Sanhita. Related provisions include Section 523 - Power of High Court to make rules, Section 524 - Power to alter functions allocated to Executive Magistrate in certain cases, Section 526 - Practising advocate not to sit as Magistrate in certain Courts, and Section 528 - Saving of inherent powers of High Court.
Official Sources
For the authoritative statutory text and commencement information, see the official India Code page for Section 525 BNSS, the Bharatiya Nagarik Suraksha Sanhita, 2023 on India Code, and the Ministry of Home Affairs New Criminal Laws portal.
Updated: 12 September 2026. This page is intended for general legal information and should be read with the current statutory text, applicable notifications and case law.