Section 479 CrPC: Judge or Magistrate’s Personal Interest
1. Code:
Section 479 of the Code of Criminal Procedure, 1973
2. Explanation:
Section 479 CrPC deals with situations where a Judge or Magistrate has a personal interest in a case. It states that:
“No Judge or Magistrate shall try any case in which he is personally interested.”
3. Illustration:
- Example 1: A Magistrate’s relative is accused of theft. The Magistrate must recuse himself from the case due to his personal interest.
- Example 2: A Judge owns a property that is the subject of a land dispute case. He cannot preside over the case due to his personal interest in the outcome.
4. Common Questions and Answers:
Q: What constitutes a “personal interest” under Section 479?
A: Personal interest can include financial, familial, or any other interest that could influence the Judge or Magistrate’s impartiality in the case.
Q: What happens if a Judge or Magistrate fails to recuse himself from a case where he has a personal interest?
A: The proceedings may be quashed on appeal, and the Judge or Magistrate may face disciplinary action.
Q: Can a Judge or Magistrate recuse himself even if there is no clear personal interest?
A: Yes, a Judge or Magistrate may recuse himself if he has any doubts about his impartiality, even if there is no apparent personal interest.
