Certain Judges and Magistrates not to try certain offences when committed before themselves
AI Assist
Summary
When an offence connected to acts or statements made in court, in contempt of a judge, or brought to a judge or magistrate during a judicial proceeding occurs before a lower criminal Judge or Magistrate, that Judge or Magistrate must not try the accused. The case must be dealt with by another competent court or by the alternative procedure provided by law. This restriction does not apply to High Court judges.
Example
During a bail hearing, Priya shouts at the magistrate and is accused of making contemptuous statements and giving false evidence in court. Because the conduct happened before the magistrate and was raised during the proceeding, the magistrate cannot try Priya; another competent court must hear the charge.
Bare Act
Enacted textExcept as provided in sections 344, 345, 349 and 350, 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 195, 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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