Law4u - Made in India

What Is BNSS Section 391?

Answer By law4u team

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 391: Certain Judges and Magistrates not to try certain offences when committed before themselves.

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.

Brefe Detail

This section outlines that certain Judges and Magistrates are prohibited from trying offences committed in their presence or in contempt of their authority. This applies specifically to offences mentioned in section 215, except in cases defined in sections 383, 384, 388, and 389.

Question & Answers

What does Section 391 of the Bharatiya Nagarik Suraksha Sanhita address?

It addresses the prohibition for certain Judges and Magistrates to try specific offences committed in their presence or in contempt of their authority.

Which Judges are excluded from this provision?

Judges of a High Court are excluded from this provision.

Are there any exceptions to this rule?

Yes, exceptions are provided in sections 383, 384, 388, and 389.

What type of offences are mentioned in Section 391?

Offences referred to in section 215.

Example

1. A Magistrate witnessing a disorderly conduct in his courtroom cannot try the individual for that offence under Section 215 due to the provision in Section 391.

2. If a Judge is presiding over a case and someone interrupts with contemptuous remarks, that Judge cannot try the offender for contempt of court as per Section 391.

Summary

Section 391 of the Bharatiya Nagarik Suraksha Sanhita, 2023, restricts certain Judges and Magistrates from trying offences committed before them or in contempt of their authority, specifically referring to section 215 offences, unless exceptions in other sections apply.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Daljeet Singh Thakur

Advocate Daljeet Singh Thakur

Anticipatory Bail, Cheque Bounce, Civil, Customs & Central Excise, Criminal, Divorce, Child Custody, Consumer Court, Domestic Violence, Family, Landlord & Tenant, Motor Accident, Succession Certificate

Get Advice
Advocate Ratnesh Gupta

Advocate Ratnesh Gupta

Anticipatory Bail,Bankruptcy & Insolvency,Breach of Contract,Cheque Bounce,Corporate,Court Marriage,Criminal,Cyber Crime,Divorce,GST,Family,High Court,Labour & Service,Motor Accident,Supreme Court

Get Advice
Advocate Prasanna Kumar

Advocate Prasanna Kumar

Arbitration,Breach of Contract,Corporate,Civil,High Court,

Get Advice
Advocate Hari Krishan Pandey

Advocate Hari Krishan Pandey

Anticipatory Bail,Breach of Contract,Cheque Bounce,Child Custody,Civil,Consumer Court,Criminal,Cyber Crime,Divorce,Domestic Violence,Family,High Court,Landlord & Tenant,Motor Accident,Property,R.T.I,Insurance,

Get Advice
Advocate Vinod Agrawal

Advocate Vinod Agrawal

Anticipatory Bail,Civil,Cheque Bounce,Motor Accident,Domestic Violence,Criminal,Supreme Court,

Get Advice
Advocate Shyam Hada

Advocate Shyam Hada

Cheque Bounce, Civil, Criminal, Divorce, Domestic Violence, Family, Motor Accident, Tax, Revenue, R.T.I

Get Advice
Advocate Shailendra Singh Thakur

Advocate Shailendra Singh Thakur

Cheque Bounce, Civil, Cyber Crime, Criminal, Family, Domestic Violence, High Court, Divorce, Court Marriage, Consumer Court

Get Advice
Advocate P A Hadagalihiremath

Advocate P A Hadagalihiremath

Civil, Family, Divorce, Cheque Bounce, Property

Get Advice

Bharatiya Nagarik Suraksha Sanhita(BNSS) Related Questions

Discover clear and detailed answers to common questions about Bharatiya Nagarik Suraksha Sanhita(BNSS). Learn about procedures and more in straightforward language.