Code: Section 526 BNSS
526.
No advocate who practices 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.
Explanation of Section 526 BNSS
Section 526 ensures that there is no conflict of interest between legal practitioners and those holding judicial authority. The provision prohibits advocates who regularly practice in a Magistrate’s Court from serving as a Magistrate in that same court or any court within its jurisdiction.
This section aims to uphold the integrity and fairness of the judicial process by preventing any advocate from sitting as a Magistrate in a court where they may have prior involvement with the cases or the parties.
Key Points:
- Conflict of Interest: The law prevents advocates practicing in a particular Magistrate’s Court from becoming a Magistrate in the same or nearby courts.
- Preventing Bias: This rule ensures impartiality by avoiding any potential influence an advocate may have had in the same court where they have represented clients.
- Scope of Application: The restriction applies to Magistrates’ Courts within the local jurisdiction of the court where the advocate practices.
By enforcing this provision, Section 526 contributes to a transparent and unbiased judicial system.
Illustration
Example 1: Advocate Practicing in Magistrate’s Court
An advocate regularly practices in a particular Magistrate’s Court in a district. If this advocate is then asked to sit as a Magistrate in the same court or any court within the same district, Section 526 prohibits such an arrangement to prevent conflicts of interest or bias.
Example 2: Jurisdictional Limitations
If a Magistrate’s Court in one district has a Magistrate who has previously worked as an advocate in that court, they cannot later sit as a Magistrate in any other court within the same jurisdiction. This ensures impartiality across the district courts.
Common Questions and Answers on Section 526 BNSS
1. Can an advocate sit as a Magistrate in a court where they don’t practice?
- Answer: Yes, an advocate can sit as a Magistrate in courts outside the jurisdiction where they practice. The restriction only applies to courts within the same local jurisdiction.
2. Why are advocates prohibited from sitting as Magistrates in courts where they practice?
- Answer: This rule ensures fairness and prevents any conflict of interest or bias, as an advocate may have prior knowledge of the cases or parties in the same court.
3. Does this rule apply to all courts?
- Answer: No, the rule only applies to Magistrate’s Courts within the same local jurisdiction where the advocate practices. It does not affect higher courts like Sessions Courts or High Courts.
Conclusion
Section 526 of the BNSS ensures fairness by prohibiting advocates from sitting as Magistrates in courts where they practice or in any court within that court’s local jurisdiction. This provision promotes judicial integrity and helps maintain a conflict-free legal environment.
