Code: Section 525 BNSS
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.
Explanation of Section 525 BNSS
Section 525 emphasizes judicial impartiality and prevents conflicts of interest. A Judge or Magistrate must not try a case if they have a personal interest or are directly involved in the case, unless they get permission from the court to which appeals from their court lie.
- Impartiality Requirement: A Judge or Magistrate must not be involved in a case where they are personally interested or a party.
- Permission to Proceed: If a Judge or Magistrate has a personal interest, they may only proceed with the trial or hearing of the case if they obtain explicit permission from the relevant Appellate Court.
- Appeals: A Judge or Magistrate is prohibited from hearing an appeal against a judgment they themselves have passed or an order they have made.
- Clarification: A Judge or Magistrate is not considered personally interested in a case simply because they are involved in it in an official capacity (e.g., viewing the crime scene or conducting an inquiry related to the case).
This provision ensures that justice is unbiased and that judicial decisions are free from personal influence.
Illustration
Example 1: Judge With Personal Interest
A Magistrate is asked to try a fraud case where one of the parties is a close family member. The Magistrate cannot proceed with the trial unless they receive permission from the Appellate Court to continue. This rule ensures that personal relationships do not interfere with fair judgment.
Example 2: Viewing the Crime Scene
A Judge visits the site where a crime allegedly occurred as part of an investigation but is not deemed to have a personal interest in the case. The Judge can still hear the case, as long as they are not personally invested or biased by the visit.
Common Questions and Answers on Section 525 BNSS
1. Can a Judge try a case if they are personally interested in it?
- Answer: No, a Judge or Magistrate cannot try or commit a case to trial in which they are personally interested, unless they have permission from the Appellate Court.
2. What does “personally interested” mean in this context?
- Answer: A Judge or Magistrate is personally interested if they are a party to the case or have a personal stake in its outcome.
3. Can a Judge hear an appeal against a judgment they passed?
- Answer: No, a Judge or Magistrate is not allowed to hear an appeal against a judgment or order they have passed.
4. Does Section 525 apply to Judges involved in public duties?
- Answer: No, a Judge or Magistrate is not considered personally interested in a case simply because they are involved in a public capacity, such as viewing the crime scene or making inquiries related to the case.
Conclusion
Section 525 of the BNSS safeguards judicial impartiality by prohibiting a Judge or Magistrate from trying or hearing a case where they are personally interested or involved, unless they obtain permission from the relevant Appellate Court. This provision ensures a fair and unbiased judicial process.
