CrPC 352→BNSS 391

CrPC 352 to BNSS 391: Certain Judges and Magistrates not to try certain offences when committed before themselves

Section 352 CrPC (1973) replaced by Section 391 BNSS (2023)

View CrPC Section 352 →View BNSS Section 391 →

CrPC 352 to BNSS 391 at a Glance

Section 352 CrPC (Certain Judges and Magistrates not to try certain offences when committed before themselves) is now Section 391 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 352 to BNSS 391?

Section 352 CrPC and Section 391 BNSS have the same heading and the same text, except for renumbered cross-references. Section 391 BNSS refers to Sections 383, 384, 388 and 389 BNSS where Section 352 CrPC referred to Sections 344, 345, 349 and 350 CrPC. It refers to Section 215 BNSS where Section 352 CrPC referred to Section 195 CrPC.

CrPC 352 vs BNSS 391: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section352391
HeadingCertain Judges and Magistrates not to try certain offences when committed before themselvesSame
Cross-referencess.344, s.345, s.349, s.350, s.195s.383, s.384, s.388, s.389, s.215

CrPC 352 and BNSS 391: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 352, CrPC 1973

352. Certain Judges and Magistrates not to try certain offences when committed before themselves.—Except as provided in sections 344, 345, 349 and 350, 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 195, 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.
BNSS 2023 (in force)

Section 391, BNSS 2023

391. 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 his notice as such Judge or Magistrate in the course of a judicial proceeding.

When It Applies: CrPC 352 vs BNSS 391

Under CrPC 352
  1. The bar is on a Judge of a Criminal Court other than a Judge of a High Court, and on a Magistrate.
  2. The bar is on trying any person for any offence referred to in Section 195 CrPC.
  3. The bar applies when the offence is committed before the Judge or Magistrate or in contempt of the authority of the Judge or Magistrate, or is brought under the notice of the Judge or Magistrate in the course of a judicial proceeding.
  4. The bar opens with the words Except as provided in Sections 344, 345, 349 and 350 CrPC.
Under BNSS 391
  1. The bar is on a Judge of a Criminal Court other than a Judge of a High Court, and on a Magistrate.
  2. The bar is on trying any person for any offence referred to in Section 215 BNSS.
  3. The bar applies when the offence is committed before the Judge or Magistrate or in contempt of the authority of the Judge or Magistrate, or is brought under the notice of the Judge or Magistrate in the course of a judicial proceeding.
  4. The bar opens with the words Except as provided in Sections 383, 384, 388 and 389 BNSS.

What CrPC 352 to BNSS 391 Means in Practice

A reader of Section 391 BNSS looks to Sections 383, 384, 388 and 389 BNSS and to Section 215 BNSS where a reader of Section 352 CrPC looked to Sections 344, 345, 349 and 350 CrPC and to Section 195 CrPC.

FAQs: CrPC 352 to BNSS 391

Did Section 391 BNSS change who is barred from trying an offence under Section 352 CrPC?▼

Section 391 BNSS has the same words on the Judges and Magistrates as Section 352 CrPC.

Why do the section numbers inside Section 391 BNSS differ from those in Section 352 CrPC?▼

Section 391 BNSS refers to Sections 383, 384, 388 and 389 BNSS and to Section 215 BNSS where Section 352 CrPC referred to Sections 344, 345, 349 and 350 CrPC and to Section 195 CrPC.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 20 Oct 2026 ·