Practising pleader not to sit as Magistrate in certain Courts
Section 480 of the Code of Criminal Procedure, 1973 deals with practising pleader not to sit as Magistrate in certain Courts. No pleader who practises in the Court of any Magistrate shall sit as a Magistrate in that Court or in any Court within the local jurisdiction of that Court. 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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 pleader who practises in the Court of any Magistrate shall sit as a Magistrate in that Court or in any Court within the local jurisdiction of that Court.
Section 480, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 526 Practising advocate not to sit as Magistrate in certain Courts Close, with changes 63%
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 The repealed enactment still governs what happened while it was in force.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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Ajitsinh Arjunsinh Gohil vs Bar Council of Gujarat
Court's Decision & Legal Precedent
Bar Council of India, when exercising original jurisdiction over disciplinary proceedings automatically transferred to it under Section 36B(1) of the Advocates Act, 1961 due to non-disposal by State Bar Council within one year, cannot remand such proceedings back to the State Bar Council. The Bar Council of India is obliged to conduct the inquiry and dispose of the case on merits as if it were a proceeding withdrawn for inquiry under Section 36(2), and the power to remand is available only when Bar Council of India exercises appellate jurisdiction under Section 37, not when exercising original jurisdiction under Section 36B(1). The statutory transfer by operation of law confers original jurisdiction on Bar Council of India, and the legislative intent is that the complaint shall be finally decided by Bar Council of India and not sent back to State Bar Council.
On this section: Disciplinary Committee deemed civil court for purposes of these sections
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Court on Its Own Motion vs Mulakh Raj
Court's Decision & Legal Precedent
When conduct of a police officer during investigation prima-facie constitutes an offence under the Indian Penal Code (such as fabricating false evidence under Sections 192-195 IPC), and specific procedures exist in the Criminal Procedure Code for addressing such conduct (Sections 340, 345, 346, 348), the High Court should exercise restraint and not invoke its contempt jurisdiction under the Contempt of Courts Act, 1971. The proviso to Section 10 of the Contempt of Courts Act bars High Court jurisdiction when the alleged contempt is an offence punishable under IPC. Contempt proceedings should be initiated only when there is real prejudice constituting substantial interference with the due course of justice, and not as an omnibus remedy for every wrong affecting judicial proceedings.
On this section: Summary punishment by courts for offences under IPC sections 173, 178, 179, 180, 228 committed in view or presence of court
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 480
What have the courts held on Section 480 of the Code of Criminal Procedure?
Ajitsinh Arjunsinh Gohil vs Bar Council of Gujarat (06 Apr 2017) is the leading judgment on this section among those set out below: Disciplinary Committee deemed civil court for purposes of these sections. Another 1 judgment on this section is set out below, 1 of them from the Supreme Court. They run from 2017 to 2018.
How do I find court cases under Section 480 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 480, section 480 CRPC, section 480 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 Ajitsinh Arjunsinh Gohil vs Bar Council of Gujarat (06 Apr 2017).
What should I read with Section 480 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 526 (Practising advocate not to sit as Magistrate in certain Courts), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 480 of the Code of Criminal Procedure come into force?
Section 480 of the Code of Criminal Procedure, cited as CRPC 480, 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.