Section 352 CrPC: Judges and Magistrates Prohibited from Trying Certain Offences Committed Before Themselves

1. The Code:

Section 352 of the Code of Criminal Procedure, 1973 (CrPC) states:

“No Judge or Magistrate shall try any offence committed before himself.”

2. Explanation:

This section prevents a Judge or Magistrate from trying a case where they were directly involved in the incident leading to the offence. This ensures impartiality and prevents a conflict of interest. Essentially, it prevents a judge from being both a judge and a witness in the same case.

3. Illustration:

• A Magistrate issues a warrant for the arrest of a person. The person, upon being arrested, assaults the Police Officer who attempted to execute the warrant. In this scenario, the Magistrate cannot try the offence of assault as it occurred in the execution of their orders.
• A Judge hears a case where a party threatens to harm them if the decision goes against them. The Judge cannot try the offence of threatening a public servant as they were directly involved in the incident.

4. Common Questions and Answers:

• Q: Does this mean a Judge or Magistrate can never try a case involving themselves?
• A: No, this rule only applies when the Judge or Magistrate was directly involved in the incident leading to the offence. If they were merely present at the scene but not directly involved, they can still try the case.
• Q: What happens if a Judge or Magistrate is involved in an offence committed before them?
• A: The case will be transferred to another competent court for trial.
• Q: Can this section be used to delay proceedings?
• A: This section should not be used to delay proceedings. The court will decide if the Judge or Magistrate’s involvement was direct enough to warrant transfer.