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CrPC, 1973
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CrPCChapter XXXVIISection 480
Section480

Practising pleader not to sit as Magistrate in certain Courts

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Summary

A pleader who practises as counsel in a Magistrate's Court is forbidden from sitting as the Magistrate in that same court or in any court within its local jurisdiction. The rule prevents a lawyer from becoming the presiding magistrate where they regularly represent parties. Such a pleader must not preside over cases in those courts.

Example

Priya regularly appears as a pleader in her local Magistrate's Court for criminal matters. Under this rule, she cannot be appointed to sit as the Magistrate in that Court or in any Court within that Court's local jurisdiction, so she would be disqualified from presiding there.

Bare Act

Enacted text

No pleader who practises in the Court of any Magistrate shall sit as a Magistrate in that Court or in any Court within the local jurisdiction of that Court.

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XXXVII

Chapter XXXVII

Miscellaneous

In this chapter

  • 474Trials before High Court
  • 475Delivery to commanding officers of persons liable to be tried by Court-martial
  • 476Forms
  • 477Power of High Court to make rules
  • 478Power to alter functions allocated to Executive Magistrates in certain cases
  • 479Cases in which Judge or Magistrate is personally interested
  • 480Practising pleader not to sit as Magistrate in certain Courts
  • 481Public servant concerned in sale not to purchase or bid for property
  • 482Saving of inherent power of High Court
  • 483Duty of High Court to exercise continuous superintendence over Courts of Judicial Magistrates
  • 484Repeal and savings
Previous · Section 479Cases in which Judge or Magistrate is personally interestedNext · Section 481Public servant concerned in sale not to purchase or bid for property