Section 479 CrPC: Case in which Judge or Magistrate is personally interested

Code of Criminal Procedure, 1973

Section 479 CrPC at a Glance

Section 479 CrPC deals with case in which Judge or Magistrate is personally interested. From 1 July 2024 it is replaced by Section 525 BNSS.

Now BNSS

Section 525 →

What Section 479 CrPC Says

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.

Source: Section 479, Code of Criminal Procedure, 1973

Section 479 CrPC in Simple Words

Section 479 of the Code of Criminal Procedure, 1973 is headed Case in which Judge or Magistrate is personally interested.

It states that 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.

The Explanation states when a Judge or Magistrate shall not be deemed to be a party to, or personally interested in, any case.

When Section 479 CrPC Applies

  • Section 479 CrPC applies to a Judge or Magistrate who is a party, or personally interested, in a case.
  • Such a Judge or Magistrate shall not try or commit for trial the case except with the permission of the Court to which an appeal lies from his Court.
  • Section 479 CrPC also states that no Judge or Magistrate shall hear an appeal from any judgment or order passed or made by himself.
  • The Explanation states that 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.
  • The Explanation also names the case where the Judge or Magistrate 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.

Example of Section 479 CrPC

Magistrate Rao is a party to a case. Under Section 479 CrPC, no Magistrate shall, except with the permission of the Court to which an appeal lies from the Court of Magistrate Rao, try or commit for trial that case. In another case, Judge Nair has viewed the place in which an offence is alleged to have been committed and made an inquiry in connection with the case. Under the Explanation, Judge Nair shall not be deemed to be a party to, or personally interested in, the case by reason only of that viewing and inquiry.

When Section 479 CrPC Does Not Apply

  • Section 479 CrPC speaks of a Judge or Magistrate who is a party, or personally interested, in a case. It does not deal with Section 480 CrPC, headed Practising pleader not to sit as Magistrate in certain Courts.
  • Section 479 CrPC speaks of a Judge or Magistrate who is a party, or personally interested, in a case. It does not deal with Section 407 CrPC, headed Power of High Court to transfer cases and appeals.

Section 479 CrPC Under BNSS 525: What Changed

Section 479 CrPC is now covered under Section 525 BNSS.

Section 479 of the Code of Criminal Procedure, 1973 is found from 1 July 2024 as Section 525 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with the same text, including the Explanation. It contains no cross-reference to another section.

View detailed comparison (CrPC 479 vs BNSS 525) →

FAQs on Section 479 CrPC

When may a Judge or Magistrate try or commit for trial a case under Section 479 CrPC?▼

Section 479 CrPC states that 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.

What does Section 479 CrPC say about an appeal from a judgment or order passed or made by the same Judge or Magistrate?▼

Section 479 CrPC states that no Judge or Magistrate shall hear an appeal from any judgment or order passed or made by himself.

When is a Judge or Magistrate not deemed to be a party or personally interested under the Explanation to Section 479 CrPC?▼

The Explanation states that 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.

Where is Section 479 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

From 1 July 2024, Section 479 CrPC has no sub-sections, and maps as a whole to Section 525 BNSS. The Explanation to Section 479 CrPC is found in the Explanation to Section 525 BNSS.

Have questions about Section 479 CrPC?

Ask NyayGuru for a plain language explanation, or how it applies to your situation.

Ask NyayGuru →

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: 26 Oct 2026 ·