Certain Judges and Magistrates not to try certain offences when committed before themselves
Section 391 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with certain Judges and Magistrates not to try certain offences when committed before themselves. Except as provided in sections 383, 384, 388 and 389, 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 215, when such offence is committed before himself or in contempt of his authority, or is brought under hi The Act came into force on 01 Jul 2024.
Except as provided in sections 383, 384, 388 and 389, 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 215, 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.
Section 391, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 352 Certain Judges and Magistrates not to try certain offences whencommitted before themselves Close, with changes 76%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
- s. 215 . Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence
- s. 383 Summary procedure for trial for giving false evidence
- s. 384 Procedure in certain cases of contempt
- s. 388 Imprisonment or committal of person refusing to answer or produce document
- s. 389 Summary procedure for punishment for non-attendance by a witness in obedience to summons
Questions about Section 391
What does Section 391 of the Bharatiya Nagarik Suraksha Sanhita deal with?
Section 391 of the Bharatiya Nagarik Suraksha Sanhita is headed "Certain Judges and Magistrates not to try certain offences when committed before themselves". Except as provided in sections 383, 384, 388 and 389, 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 215, when such offence is committed before himself or in contempt of his authority, or is brought under hi
How do I find court cases under Section 391 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 391, section 391 BNSS, section 391 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bns 391 2 in hindi and bns 391 3. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 391 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on section 215 (. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence), section 383 (Summary procedure for trial for giving false evidence), section 384 (Procedure in certain cases of contempt), section 388 (Imprisonment or committal of person refusing to answer or produce document), and on 1 further provision, so none of them can safely be read on its own. It carries forward CrPC 352 (Certain Judges and Magistrates not to try certain offences whencommitted before themselves), so the judgments decided under that provision are the case law on this one.
When did Section 391 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 391 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 391, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.