Certain Judges and Magistrates not to try certain offences when committed before themselves
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Summary
A judge or magistrate of a criminal court (other than a High Court judge) must not try a person for certain offences specified elsewhere in this Code when the offence was committed in front of that judge, amounted to contempt of their authority, or was brought to their notice during a judicial proceeding. In those situations the judge cannot preside over the trial and the matter must be dealt with by another judicial authority as the law allows.
Example
During a hearing Priya loudly insults the magistrate and the conduct is raised in court as an offence of contempt. Because the act occurred before that magistrate and was brought up in the proceeding, that magistrate cannot try Priya for that offence; another judge or court must deal with the charge.
Bare Act
Enacted textExcept 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.
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