Case in which Judge or Magistrate is personally interested
Section 479 of the Code of Criminal Procedure, 1973 deals with case in which Judge or Magistrate is personally interested. No Judge or Magistrate shall, except with the permission of the Court to which an appeal lies from his Court, try or commit for trial any case to or in which he is a party, or personally interested, and no Judge or Magistrate shall hear an appeal from any judgment or order passed or made by himself. The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
No Judge or Magistrate shall, except with the permission of the Court to which an appeal lies from his Court, try or commit for trial any case to or in which he is a party, or personally interested, and no Judge or Magistrate shall hear an appeal from any judgment or order passed or made by himself.
Explanation.-A Judge or Magistrate shall not be deemed to be a party to, or personally interested in, any case by reason only that he is concerned therein in a public capacity, or by reason only that he has viewed the place in which an offence is alleged to have been committed or any
1 Subs. by Act 45 of 1978, S. 34, for "State Legislature" (w.e.f. 18-12-1978). 2 Subs. by S.34 ibid, for "requires" (w.e.f. 18.12-1978).
3 Subs. by Act 63 of 1980, s.8 (w.e.f. 23-09-1980).
other place in which any other transaction material to the case is alleged to have occurred and made an inquiry in connection with the case.
Section 479, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 525 Cases in which Judge or Magistrate is personally interested Text carried over almost unchanged 90%
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 The repealed enactment still governs what happened while it was in force.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.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Bhawani Singh vs State of Rajasthan through P P.
Court's Decision & Legal Precedent
The ratio decidendi of this judgment is that: (1) Section 352 CrPC operates only when the same magistrate who witnessed the offence tries the case. If a different magistrate is holding charge at the time of trial, Section 352 does not apply. (2) A magistrate acting in official public capacity is not deemed personally interested under Section 479 CrPC, and the Explanation to Section 479 specifically clarifies this. (3) The title given to a document does not determine its legal nature. If allegations are made to a magistrate with a view to taking action, it constitutes a complaint under Section 2(d) CrPC regardless of the title. (4) A complaint filed under valid provisions of law (Section 180F of Indian Railways Act 1989) is not vitiated merely because the charge-sheet title incorrectly cites repealed provisions (Indian Railways Act 1890). (5) Section 195 CrPC bar does not apply to Section 224 IPC offence, hence defences available to co-accused under Section 195 are not available to accused charged under Section 224 IPC. (6) Prima facie evidence of commission of offence is sufficient to sustain cognizance and proceed with prosecution.
On this section: Disqualification of judge or magistrate personally interested in case. Court held that magistrate acting in public capacity is not deemed personally interested. Explanation to Section 479 clarifies that public capacity involvement does not disqualify.
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Dinesh vs State of Rajasthan through P P.
Court's Decision & Legal Precedent
When prima facie evidence of criminal offenses exists and the substance of allegations constitutes a valid complaint under law, procedural defects in the form or title of documents do not vitiate the cognizance or proceedings. The bar under Section 352 Criminal Procedure Code applies only when the same magistrate who witnessed the offense tries the case; if a different magistrate conducts the trial, the bar does not apply. A magistrate acting in his public capacity is not deemed personally interested under Section 479 Criminal Procedure Code merely by reason of being involved in a matter in that capacity. The availability of statutory protections under Section 195 and 340 Criminal Procedure Code depends on the specific offense charged, and these protections do not extend to offenses not enumerated in Section 195.
On this section: Prevents judges/magistrates personally interested from trying cases; court held magistrate was not personally interested in public capacity
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 479
What have the courts held on Section 479 of the Code of Criminal Procedure?
Bhawani Singh vs State of Rajasthan through P P. (26 Nov 2013) is the leading judgment on this section among those set out below: Disqualification of judge or magistrate personally interested in case. Court held that magistrate acting in public capacity is not deemed personally interested. Explanation to Section 479 clarifies that public capacity involvement does not disqualify. Another 1 judgment on this section is set out below.
How do I find court cases under Section 479 of the Code of Criminal Procedure?
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: CRPC 479, section 479 CRPC, section 479 of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Bhawani Singh vs State of Rajasthan through P P. (26 Nov 2013).
What should I read with Section 479 of the Code of Criminal Procedure, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNSS 525 (Cases in which Judge or Magistrate is personally interested), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 479 of the Code of Criminal Procedure come into force?
Section 479 of the Code of Criminal Procedure, cited as CRPC 479, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 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. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.