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

Code of Criminal Procedure, 1973

Section 352 CrPC at a Glance

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

Now BNSS

Section 391 →

What Section 352 CrPC Says

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.

Source: Section 352, Code of Criminal Procedure, 1973

Section 352 CrPC in Simple Words

Section 352 of the Code of Criminal Procedure, 1973 is about trial of certain offences by the Judge or Magistrate before whom they are committed.

Except as provided in Sections 344, 345, 349 and 350 CrPC, 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 195 CrPC, 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 352 CrPC 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 195 CrPC.
  • 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 344, 345, 349 and 350 CrPC.

Example of Section 352 CrPC

A Magistrate has before the Magistrate a person who is alleged to have committed an offence referred to in Section 195 CrPC in contempt of the authority of the Magistrate. Under Section 352 CrPC, and except as provided in Sections 344, 345, 349 and 350 CrPC, the Magistrate shall not try that person.

When Section 352 CrPC Does Not Apply

  • Section 352 CrPC speaks of the bar on trying an offence referred to in Section 195 CrPC. It does not deal with the summary trial for giving false evidence. Section 344 CrPC is titled Summary procedure for trial for giving false evidence.
  • Section 352 CrPC speaks of the bar on trying an offence referred to in Section 195 CrPC. It does not deal with the procedure in certain cases of contempt. Section 345 CrPC is titled Procedure in certain cases of contempt.

Section 352 CrPC Under BNSS 391: What Changed

Section 352 CrPC is now covered under Section 391 BNSS.

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 detailed comparison (CrPC 352 vs BNSS 391) →

FAQs on Section 352 CrPC

Which Judges and Magistrates does Section 352 CrPC 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 352 CrPC bar a Judge or Magistrate from trying a person?▼

The bar applies to any offence referred to in Section 195 CrPC, 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 352 CrPC except from the bar?▼

Sections 344, 345, 349 and 350 CrPC.

Where is Section 352 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024?▼

Section 352 CrPC has no sub-sections, and maps as a whole to Section 391 BNSS.

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

Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 20 Oct 2026 ·