Section 479 CrPC - Case in Which Judge or Magistrate Is Personally Interested
Section 479 of the Code of Criminal Procedure, 1973 prohibited a Judge or Magistrate from hearing a case in which they were a party or personally interested, except for trial or committal with permission from the appellate court. The corresponding current provision is Section 525 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Text of Section 479 CrPC
479. 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.
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 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.
Meaning and purpose of Section 479 CrPC
The provision protects judicial impartiality by addressing situations where the person deciding a criminal matter has a direct personal stake in it. It reflects the principle that a person should not adjudicate their own cause. The rule is designed to maintain confidence in fair judicial proceedings, not merely to prevent proven misconduct.
1. Judge or Magistrate as a party or personally interested
A Judge or Magistrate who is a party to a case, or has a personal interest in it, cannot ordinarily try the case or commit it for trial. The statute permits this only if the court to which an appeal lies from that judicial officer's court grants permission.
2. Prohibition on hearing an appeal against one's own decision
A Judge or Magistrate cannot hear an appeal from a judgment or order that the same judicial officer previously passed. This is a separate prohibition under the section and is not subject to the permission exception stated for trial or committal.
3. Meaning of the statutory explanation
Not every earlier involvement creates a disqualifying personal interest. Merely acting in an official public capacity, or inspecting a relevant location and conducting an inquiry in connection with the case, does not by itself make the judicial officer a party or personally interested. Other facts indicating a genuine personal interest must be evaluated separately.
Corresponding law: Section 525 BNSS, 2023
Section 525 BNSS, titled "Cases in which Judge or Magistrate is personally interested," preserves the essential rule in Section 479 CrPC: restrictions on trial or committal where the judicial officer has a personal interest, and an absolute bar under this provision on hearing an appeal from that officer's own judgment or order. Its explanation retains the exceptions for public-capacity involvement and relevant site inspection or inquiry.
The section is found in the official government-hosted BNSS text (PDF). For authoritative legislative records, consult the India Code portal and search for Act 46 of 2023, Section 525.
Repeal and savings: Section 531 BNSS
Section 531 BNSS repeals the Code of Criminal Procedure, 1973, subject to its savings provisions. In particular, certain appeals, applications, trials, inquiries and investigations pending immediately before the BNSS commencement are to continue under the former Code, as provided by the section. The procedural law applicable to a specific matter therefore depends on the nature and timing of the proceeding and the statutory savings.
Practical illustrations
- Personal financial interest: A Magistrate with a direct personal financial stake in the result may be personally interested and should not ordinarily conduct the trial.
- Official involvement: A Judge's participation in a matter solely in an official capacity does not automatically constitute personal interest under the explanation.
- Earlier site visit: Inspection of an alleged crime scene, by itself, does not disqualify the Judge or Magistrate under this provision.
- Appeal from own order: A judicial officer cannot sit in appeal over a judgment or order made by that same officer.
Frequently asked questions
What is Section 479 CrPC?
It is the former Code's rule restricting a Judge or Magistrate from trying or committing a case in which the judicial officer is a party or personally interested, and prohibiting an appeal from the officer's own decision being heard by that officer.
Which BNSS section corresponds to Section 479 CrPC?
Section 525 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Can a personally interested Magistrate try a case with permission?
Under the statutory wording, the appellate court may permit trial or committal despite the personal-interest restriction. That permission exception does not extend to hearing an appeal from one's own judgment or order.
Does an inspection of the crime scene automatically disqualify a Judge?
No. The explanation expressly provides that inspection of a relevant place and an inquiry in connection with the case, by themselves, do not establish personal interest.
Official legal references
- India Code - central legislation and statutory text (search for the Code of Criminal Procedure, 1973 and the Bharatiya Nagarik Suraksha Sanhita, 2023).
- Bharatiya Nagarik Suraksha Sanhita, 2023 - government-hosted PDF (Sections 525 and 531).
This article provides general legal information. The applicable statute, court rules and current judicial interpretations should be checked for individual proceedings.