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

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 391 BNSS at a Glance

Section 391 BNSS deals with certain Judges and Magistrates not to try certain offences when committed before themselves. It replaced Section 352 CrPC on 1 July 2024.

Was CrPC

Section 352 →

Section 391 BNSS Bare Act Text

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.

Source: Section 391, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 391 BNSS in Simple Words

Section 391 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is about trial of certain offences by the Judge or Magistrate before whom they are committed.

Except as provided in Sections 383, 384, 388 and 389 BNSS, no Judge of a Criminal Court other than a Judge of a High Court, and no Magistrate, shall try any person for any offence referred to in Section 215 BNSS, 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 Section 391 BNSS Applies

  • The bar is on a Judge of a Criminal Court other than a Judge of a High Court, and on a Magistrate.
  • The bar is on trying any person for any offence referred to in Section 215 BNSS.
  • 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.
  • The bar opens with the words Except as provided in Sections 383, 384, 388 and 389 BNSS.

Example of Section 391 BNSS

A Magistrate has before the Magistrate a person who is alleged to have committed an offence referred to in Section 215 BNSS in contempt of the authority of the Magistrate. Under Section 391 BNSS, and except as provided in Sections 383, 384, 388 and 389 BNSS, the Magistrate shall not try that person.

When Section 391 BNSS Does Not Apply

  • Section 391 BNSS speaks of the bar on trying an offence referred to in Section 215 BNSS. It does not deal with the summary trial for giving false evidence. Section 383 BNSS is titled Summary procedure for trial for giving false evidence.
  • Section 391 BNSS speaks of the bar on trying an offence referred to in Section 215 BNSS. It does not deal with the procedure in certain cases of contempt. Section 384 BNSS is titled Procedure in certain cases of contempt.

Section 391 BNSS in the CrPC (Previous Law)

Section 391 BNSS replaces Section 352 CrPC from the old criminal code.

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.

View CrPC Section 352 →

FAQs on Section 391 BNSS

Which Judges and Magistrates does Section 391 BNSS bar from trying an offence?▼

A Judge of a Criminal Court other than a Judge of a High Court, and a Magistrate.

When does Section 391 BNSS bar a Judge or Magistrate from trying a person?▼

The bar applies to any offence referred to in Section 215 BNSS, 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.

Which provisions does Section 391 BNSS except from the bar?▼

Sections 383, 384, 388 and 389 BNSS.

What changed from Section 352 CrPC to Section 391 BNSS from 1 July 2024?▼

Section 391 BNSS has the same heading and the same text as Section 352 CrPC, 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.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 20 Oct 2026 ·