Section 479 CrPC: Judge or Magistrate’s Personal Interest – Cases & Legal Analysis

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Section 479 CrPC: Judge or Magistrate’s Personal Interest

1. Code:

Section 479 of the Code of Criminal Procedure, 1973

2. Explanation:

Section 479 CrPC deals with situations where a Judge or Magistrate has a personal interest in a case. It states that:

“No Judge or Magistrate shall try any case in which he is personally interested.”

3. Illustration:

  • Example 1: A Magistrate’s relative is accused of theft. The Magistrate must recuse himself from the case due to his personal interest.
  • Example 2: A Judge owns a property that is the subject of a land dispute case. He cannot preside over the case due to his personal interest in the outcome.

4. Common Questions and Answers:

Q: What constitutes a “personal interest” under Section 479?
A: Personal interest can include financial, familial, or any other interest that could influence the Judge or Magistrate’s impartiality in the case.

Q: What happens if a Judge or Magistrate fails to recuse himself from a case where he has a personal interest?
A: The proceedings may be quashed on appeal, and the Judge or Magistrate may face disciplinary action.

Q: Can a Judge or Magistrate recuse himself even if there is no clear personal interest?
A: Yes, a Judge or Magistrate may recuse himself if he has any doubts about his impartiality, even if there is no apparent personal interest.

Also Read  CrPC Section 459: Power to Sell Perishable Property
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