Introduction to Section 391 BNSS
Section 391 BNSS is a procedural safeguard introduced to maintain fairness and impartiality in the judicial process. It prevents a Judge or Magistrate from trying a case where the offence occurred directly before them or challenged their authority—except in specific situations already defined. This provision promotes the core principle that no one should be a judge in their own cause. It ensures justice remains unbiased even during courtroom disruptions or disrespectful conduct by any party.
Table of Contents
What is BNSS Section 391?
BNSS 391 ensures that if an offence mentioned in Section 215 is committed in front of a judge or magistrate, they cannot adjudicate it themselves—unless permitted by Sections 383 to 389. These include offences such as intentional interruptions, refusal to answer, or contempt committed during court proceedings. The intent is to maintain an unbiased atmosphere in court and avoid potential misuse of judicial power. This helps to strike a balance between protecting court authority and upholding the rights of the accused.
BNSS Section of 391 in Simple Points
1. Purpose of Section 391
BNSS Section 391 is designed to protect the integrity and neutrality of the judicial system. It bars a Judge or Magistrate (except those in High Courts) from trying a person for an offence committed in front of them or against their authority during court proceedings. This includes contempt or disobedience directly witnessed by the judge. By enforcing this, the law removes the risk of personal bias. It upholds the principle of natural justice. Only specific exceptions are allowed under predefined sections. Thus, it maintains fairness in court actions.
2. Exceptions to the Rule
Section 391 outlines exceptions where the judge or magistrate can take direct action. These include provisions under BNSS Sections 383, 384, 388, and 389, which allow immediate action in certain contempt and misconduct cases. These exceptions are designed to maintain court authority without delay. For instance, if someone lies under oath or refuses to produce documents, immediate proceedings may still be conducted. This balance allows courts to act swiftly in specific instances. It also avoids abuse of power in general situations. So, the section carefully limits direct action to urgent or disruptive situations only.
3. Judges Cannot Try Offences Committed Before Themselves
The core principle of BNSS 391 is that a judge should not sit in judgment of an offence committed in their own courtroom against their authority. This would otherwise place the judge in a conflict of interest — acting as both a victim and decision-maker. The law ensures such cases are handled by a different, neutral judge or court. This approach protects the rights of the accused and judicial credibility. It also aligns with the basic legal principle of impartiality. Hence, the process remains transparent and fair to all parties involved.
4. Who is Exempted from Section 391?
Section 391 explicitly excludes Judges of High Courts. This means High Court judges are not restricted by this provision and can take action in their own courtroom when needed. This exception is likely due to the seniority, independence, and oversight role of High Courts. Their authority carries broader powers under constitutional and statutory laws. However, even High Court actions must follow due process. For lower courts, this provision provides procedural checks. It limits their discretionary power when their authority is directly challenged.
5. Procedural Integrity and Fair Trial
Section 391 reinforces the commitment of the Bharatiya Nyaya Sanhita to uphold procedural fairness. It ensures that no judge can act emotionally or out of bias when dealing with direct contempt or disobedience. If a witness, litigant, or accused offends the court, the matter is referred for independent trial unless it qualifies under exceptions. This not only upholds the dignity of courts but also the right to a fair trial. It reduces chances of misuse of power and ensures each case is handled objectively. Overall, it builds trust in India’s judicial machinery.
391 BNSS Overview
The section states that, unless otherwise provided in Sections 383, 384, 388, or 389 of BNSS, no Criminal Court judge or magistrate (except those in High Court) can try someone for offences committed in their own presence that amount to contempt or disobedience. The idea is to avoid any personal involvement of the judge in trials involving direct misconduct towards them. The section is rooted in principles of natural justice and upholds judicial discipline while ensuring procedural fairness.
BNSS Section 391 –10 Key Points.
1. Introduction to BNSS Section 391
BNSS Section 391 deals with judicial impartiality when it comes to trying contempt or related offences that occur in the courtroom. It ensures that a judge or magistrate does not act as both witness and decision-maker in cases where the offence is committed before them. This clause upholds the foundational legal principle of fairness in justice. By restricting certain judicial officers from trying such offences themselves, the law preserves neutrality. This section is a safeguard against conflict of interest. It maintains public confidence in judicial conduct. Ultimately, it separates personal involvement from procedural integrity.
2. Purpose of the Provision
The main purpose of Section 391 is to prevent bias or the appearance of bias in cases involving disrespect or contempt of the court. If a person commits an offence directly before a judge or magistrate, emotions may be involved. The law acknowledges that personal feelings or authority might cloud judicial impartiality. Therefore, this section bars the presiding judge or magistrate from adjudicating such offences, unless allowed by specific exceptions. It promotes objectivity and impartiality. The legal process becomes more credible when the decision-maker is not personally involved in the event.
3. Exceptions to the Rule
BNSS Section 391 clearly states exceptions where a judge or magistrate may take cognizance and proceed: Sections 383, 384, 388, and 389. These sections involve summary procedures for false evidence, contempt in presence of the court, refusal to answer, or non-attendance of a witness. In these narrowly defined situations, the court may act immediately in the interest of judicial decorum and efficiency. However, outside these defined cases, the court must transfer the matter to another competent authority. This balance ensures justice while maintaining court authority.
4. Protection Against Abuse of Power
This provision also acts as a check on judicial power. It prevents a situation where a judicial officer could misuse their position to punish someone for contempt or disobedience without due legal process. Such misuse could infringe on individual rights. Section 391 protects the accused from being unfairly tried by someone who may have taken offence personally. It reinforces the legal system’s dedication to due process. Even in contempt cases, the accused is entitled to an unbiased hearing. This builds trust in the system’s transparency and justice.
5. Role of Section 215 in Reference
Section 391 makes reference to offences described in Section 215 of the BNSS, which includes offences like fabricating evidence or misleading the court. If such offences are committed in the presence of a judge or magistrate, Section 391 ensures that those officers cannot try the offender themselves—unless it falls under the stated exceptions. This protects the decorum of court proceedings without compromising the fairness of trials. It aligns with natural justice principles, ensuring that a party with personal involvement is not the adjudicator.
6. Ensuring Unbiased Judicial Proceedings
The section contributes to an unbiased and transparent judicial process. Even though contempt or disruption may happen directly before the judge, the law requires the case to be handled by another magistrate or court. This step avoids the risk of subjective judgment. Especially in lower courts, where day-to-day disruptions are common, this clause discourages retaliation. It promotes reasoned justice over emotional reactions. Every accused, even in contempt matters, deserves a fair trial without prejudgment.
7. Application Limited to Lower Courts
Notably, Section 391 does not apply to Judges of the High Court. This implies that High Courts have broader powers in dealing with contempt and can take direct cognizance. This distinction is important in maintaining the hierarchical structure of the judiciary. It shows trust in higher courts’ discretion while placing limitations on lower courts. The reason lies in the maturity, experience, and procedural scrutiny expected from higher judicial forums. Thus, the law draws a clear line in authority distribution.
8. Importance in Courtroom Discipline
Section 391 reinforces courtroom decorum without giving unchecked power to individual judges. It ensures that legal decorum is maintained in a procedural manner. The message is clear: disrespect to the court will not be tolerated, but it must be handled according to law. This promotes discipline in the courtroom and legal community. Judges must rely on procedural remedies rather than personal reactions. Such an approach encourages respectful engagement and lawful conduct in court.
9. Supporting Justice System Credibility
By ensuring a fair and impartial hearing, this section increases the credibility of the justice system. People are more likely to trust courts that avoid being judge in their own cause. Section 391 reflects the modern legal emphasis on institutional fairness. The provision also prevents the misuse of contempt powers. Its inclusion in the BNSS marks a significant step toward structured judicial accountability. It helps India move toward a more people-centric justice approach.
10. Summary of Legal Safeguards
In essence, Section 391 protects both the authority of the court and the rights of the accused. It ensures that cases involving offences before the judge or in contempt of authority are handled with neutrality. With clearly listed exceptions and referral procedures, the section creates a clear roadmap for judicial action. It is an important link in the chain of laws dealing with courtroom offences. Overall, it contributes to a fair, balanced, and constitutionally compliant judicial system.
Example 1: During a trial, a witness intentionally insults the magistrate. Instead of the magistrate punishing the person themselves, they must refer the case under proper procedure as per BNSS 391, unless it falls under Sections 383–389.
Example 2: In a criminal case, an accused disobeys a direct courtroom order. The magistrate notes the contempt, but as per Section 391, cannot try the person for this contempt themselves unless it fits an allowed exception. The case must be sent to a neutral authority.
BNSS Section 391 Short Information
| Point | Details |
|---|---|
| Section Name | BNSS Section 391 – Restriction on Judges and Magistrates Trying Offences Committed in Their Own Presence |
| Purpose | Ensures judicial impartiality by preventing judges or magistrates (except those in High Courts) from trying offences of contempt or disobedience committed before them. |
| Key Rule | No Criminal Court judge or magistrate can try offences occurring in their presence, unless covered by Sections 383, 384, 388, or 389 of BNSS. |
| Exceptions | Permits limited action for false evidence, contempt, refusal to answer, or non-appearance as defined in Sections 383–389 of BNSS. |
| Judicial Significance | Prevents conflict of interest, upholds neutrality, and promotes fairness in courtroom misconduct cases, maintaining faith in judicial integrity. |
Why is BNSS 391 Needed ?
BNSS 391 is essential to prevent a conflict of interest in the judiciary. When an offence is committed in a judge’s presence — such as contempt, insult, or refusal to follow orders — emotions and personal authority can cloud fair judgment. If the judge were to also try the case, it would violate the core principle of natural justice: “No one should be a judge in their own cause.” Section 391 stops this by mandating that such cases, unless specifically allowed, be referred to another judge or forum. This provision builds trust in judicial neutrality and ensures the accused receives a fair hearing from an unbiased authority. It also supports the dignity of the court while protecting procedural integrity.
BNSS Section 391 FAQs
Q1. What does BNSS Section 391 prevent?
BNSS 391 prevents a judge or magistrate from trying a person for offences like contempt or insults if those occurred in their own courtroom, ensuring an impartial proceeding.
Q2. Are there exceptions to Section 391?
Yes, the section does not apply where Sections 383, 384, 388, or 389 are invoked. These sections allow immediate action in specific contempt or evidence-related cases.
Q3. Why is BNSS Section 391 important?
BNSS 391 is important as it protects against judicial bias and ensures that accused persons get a fair hearing before a neutral authority.
Q4. Does Section 391 apply to High Court Judges?
No, BNSS Section 391 clearly mentions that it excludes High Court Judges. They retain broader authority to handle such cases directly.
Q5. How does Section 391 support natural justice?
By preventing judges from deciding matters in which they are personally involved, BNSS 391 ensures fair trial standards and avoids conflicts of interest.
Conclusion
BNSS Section 391 protects fairness in the justice system by ensuring that judges or magistrates do not try contempt cases that happen in their own courtroom. Except in limited exceptions, such cases must be referred to another authority to avoid personal bias and preserve judicial integrity.
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Finished with BNSS Section 391 ? Continue reading the next sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Each section is explained in easy words, with simple examples, so anyone can understand it clearly.
- Section 392 BNSS : Judgment
- Section 393 BNSS : Language and Contents of Court Judgment .
- Section 394 BNSS : Direction to report residence details of prior convicts .
- Section 395 BNSS : Compensation Orders by Court.
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