CrPC Section 480: Practicing Pleader Disqualification as Magistrate
This section of the Code of Criminal Procedure (CrPC) deals with the disqualification of practicing pleaders from acting as Magistrates.
1. State the code:
Section 480 of the CrPC states:
No person who has been for ten years a practicing pleader in any Court shall be appointed a Magistrate, except as hereinafter provided.
2. Explanation:
This section lays down a general rule prohibiting the appointment of a person who has been a practicing pleader for a decade as a Magistrate. The rationale behind this rule is to ensure:
- Impartiality: A person who has been a practicing pleader might have formed relationships and biases that could compromise their impartiality as a Magistrate.
- Public Confidence: Appointing a former practicing pleader as a Magistrate could raise concerns about fairness and erode public confidence in the judicial system.
The exception to this rule is mentioned in the section itself: “except as hereinafter provided.” This implies that there are specific exceptions where a practicing pleader with more than ten years of experience can be appointed as a Magistrate. These exceptions are likely to be detailed in other sections of the CrPC.
3. Illustration:
Suppose a lawyer has been practicing law for 15 years and is subsequently appointed as a Magistrate. This appointment would be in violation of Section 480, unless it falls under the exception provided in the CrPC.
4. Common Questions and Answers:
Q: What are the exceptions to Section 480?
A: The specific exceptions to this section are not outlined in Section 480 itself. You would need to refer to other sections of the CrPC or relevant legal precedents to understand the exceptions.
Q: Why is this rule necessary?
A: This rule exists to prevent potential conflicts of interest and maintain the integrity of the judicial system. By ensuring that former practicing pleaders are not automatically eligible for Magistrate positions, it helps ensure impartiality and public confidence.
Q: What happens if someone appointed as a Magistrate violates this section?
A: The appointment of such a Magistrate could be challenged in a court of law. The court might declare the appointment invalid, and the Magistrate’s decisions could be subject to review or even nullification.
